CORNELL UNIVERSITY LIBRARY DATE DUE d dniM K ^ Ifl BEE^^^* ■J jtfc, ^ 1 ?B — llH^^^W«i^fli^^^^HBH JL '^■Mil^lll'fiKy ^^ uu-^ ^^^ MTZ If ■• A •■ CAYLOR } PRINTCDINU.S.A. ftmerigffi settles?. *^^' „, S30 043 396 olin Cornell University Library The original of tiiis bool< is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030043396 HP r n I 0*'^ THE American Settler's Guide : A POPULAR EXPOSITION OF THE piTblig land system OF THE United States of America. BY HENET K OOPP, Editor of Copp's Public Land Laws, U. S, Mining Decisions, U. S. Mineral Lands, Hand-Book of Mining Law, American Mining Code, and Copp's Land Owner. SECOND EDITION. PUBLISHED FY THE EDITOR, WASHINGTON, D. C, 1882. Copyright, By henry N. COPP, 1882. INQUIRER P. * P. CO., STEREOTYPERS AND PRINTERS, LANCASTER, PA. So TABLE OF CONTENTS. CHAPTER I. EXPLANATORY. , I. Public and Private Lands 7 a. Lands not Public 7 b. Public Lands ' '7 c. Kinds of Public Lands 7 II. Several Terms Explained 8 a. Public Sale 8 . b. Private Sale, Private Entry, and Location 8 c. Offered and Unoffered Lands 8 . d^ Minimum and Double Minimum Lands 9 •III. What ■will Pay for Lands * 9 a. Cash Purchases 9 b. Location with Warrants 10 c. Agricultural College Scrip 10 d. Supreme Court Scrip 10 e. Indemnity Land Scrip, Ii f. Revolutionary Bounty Land Scrip 11 g. Other Kinds of Scrip II IV. Citizenship 12 V. Presentation of Appedls 13 VI. How Much Land Ohe Person Can Take 14 CHAPTER II. UNITED STATES SYSTEM OF SURVEYS. , How to Find a Tract of Land IS , How Townships are Numbered 16 , How to Tell Corners. 16 .Maimer of 'Establishing Comers by Posts 16 Diagram Illustrating Public Surveys 17 , NotchingCorner Posts 18 "Bearing Trees ... 19 Corner Stones 19 Mounds 20 Double Comers 21 ' Itistructions for Surveys since 1864 . 21 Meandering Navigable Streams 22 Surveys Made at Expense of iiettlers 22 How to Subdivide Sections 23 Re-establishment of Lost Corners ••.... 23 CHAPTER IIL HOMESTEADS. I. Homesteads in General 25 u. Application and Entry 25 Adjoining Farm Entries 27 Additional Entries, Law of 1879 27 Indian Homesteads 28 Rulings of the Land Department 28 b. Residence and Cultivation 30 c. Amendment 31 : . Application for Change of Entry 33 d. Final Proof and Commutation 34 ; ■ Notice of Intention ' 34 (iii) iv TABLE OF CON'lENTS. PdGR. Proof of Publication . , . 35 Homestead Proof 35 Who Shall Make Final Proof 3S e. Abandonment 39 Rulings ; 40 /. Relinquishment 41 II. Soldiers' and Sailors' Homesteads 42 a. Original Entries 42 How to Proceed . 43 Rulings .' 44 I). Additional Entries 46 Rulings 47 III. Special Relief 48 Acts of May 14, 1880, June 15, 1880, June 16, 1880, etc 49 CHAPTER IV. PRE-EMPTIONS. Homestead and Pre-emption Privileges Compared 56 I. Pre-emption Claims 5^ a. Who are Qualified Pre-emptors 57 b. Settlement and Filing 57 Rulings 58 i. Residence and Improvements 59 . Rulings 59 d. Proof and Payment 60 Rulings 63 e. Sale and Forfeiture 64 . Rulings 64 II. Pre-emption Homesteads 64 Rulings 65 Late Rulings under the Pre-emption Lavifs 65 CHAPTER V. TIMBER CULTURE. a. Who May Apply, and for What Kind of Land 69 Rulings 69 b. Application, Entry and Proof 70 Rulings 7° I.. Contest and Cancellation 73 Rulings ' 73 CHAPTER VL MISCELLANEOUS. I. Townsites 7^ II. Railroad Grants 78 a. Homestead and Pre-emption Claims in General 78 b. Relinquishment in Favor of Settlers 79 c. Confirmation of Pre-emptions and Homesteads 79 III. State Lands 80 IV. Private Land Claims 80 V. Lndian Lands 81 VI. Mines and Mineral Lands 8l VH. Coal Lands 81 VIII. Stone and Timber Lands 85 IX. Saline Lands 86 X. Desert Lands 87 CHAPTER VIL WHERE TO SETTLE. I. List of United States Land Officers 92 II. List of State Land and Lmmigration Officers 94 HI. List of Railroad Land Commissioners and Agents 95 IV. List of Land Attorneys and Real Estate Agents 97 GENERAL INDEX PAGE. Abandonment, of Homestead 39 " Pre-emption t . . . . 64 " Timber Culture Claim 74 Absence, on Account of Grasshoppers, etc 4 Additional Entiy — Soldiers' and Sailors' ' , 46 Under law of March 3, 1879 27 Adjoining Farm Homesteads 27) 37 Agents and Attorneys, List of 97 Agricultural College Scrip 10 Lands 7 Alien — ^See Citizenship 12 Amendment of Entries 31 Appeals ■ ■ 13 Application Under Homestead Laws • • 25 Timber Culture 70 Attorneys, List of 97 Bounty Lands — See Military and Revolutionary Bounty Land Warrants and Scrip . . 10, 1 1 Brokers, List of Real Estate 97 Cancellation, of Homestead Entry 39 Timber Culture Entiy 73 Cash Entry or Purchase 8, 9 Chippewa Scrip 12 Citizenship 12 City 76 Coal Lands 8, 81 Commutation of Homestead Entries 3°. 37 Contest of Homestead Entries 39 Timber Culture Entries 73 Comers, How to Tell 16 Manner of Establishing 16, 19, 21 Cultivation of Homesteads ....". 30 Pre-emption Claims 59 Declaratory Statement — See Pre-emption and Soldiers' Homesteads 42, 56 Desert Lands 8, 87 Double Minimum Lands — Term Explained 9 Drought— Relief 48 Entry — Homestead 25, 27, 42, 46 Pre-emption 56, 60 Ordinary Private 9 Timber Culture 70 Fees — For Homestead Entry - 26 Pre-emption Entry S^ Private Entry 9 Timber' Culture Entry 7° Final Proof— See Proof 35, 60, 71 Foreigner — See Citizenship .12 Forfeiture of Pre-emption Right 64 Grants — Private . . 80 Railroad ... 78 Grasshoppers — Relief 48 Hearing — See Contest 39, 73 Homesteads — Chapter HI 25 Pre-emption 64 vs. Railroads 7^ Immigration Officers 94 Indians — Homesteads 28 Reservations 81 (V) vi GENERAL INDEX. PAGE. Indemnity Scrip 1 1 Land Officers of United States 92 List— U. S. Land Officers 92 State Land and Immigration Officers 94 Railroad Land Commissioners and Agents -95 Laiid Attorneys and Real Estate 'Agents 97 Location 1 8, 10 Meandering of Streams 22 Mexican Grants 80 Military Bounty Land Warrants 10 Mineral Land 8, 81 Minimum Land 9 Offered Land 8 Original Entry — Soldiers' and Sailors' 42 Porterfield Warrant • 12 Pre-emption Claims 5^ Homestead 64 vs. Railroads 7^ Private Entry 8 Land ... 7 Land Claims , 80 Land Scrip (Supreme Court Scrip) 10 Sale 8 Proof — Homestead 34 Pre-emption 60 Timber Culture ; . 71 Publication — Notice of Final Proof 34 Public Land 7 Sale 8 Railroad Grants ^& Land Commissioners and Agents 94 Relief, Special 48 Relinquishment^Homestead 41 Pre-emption .64 Timber Culture 73 Residence on Homestead 30 Pre-emption Claim 59 Revolutionary Bounty Land Scrip II Rivers 22 Sailor — See Soldier 42, 46 Sale— Public 8 Private 8 of Homestead Claim 39 " Pre-emption " 64 Saline Lands 8, 86 Scrip of Various Kinds 9, 10, 1 1 Sections — How to Subdivide 23 How Numbered 16 To Restore Lost Corners in 23 Soldiers' Homesteads, Original 42 Additional 46 Certificates .... 1 2 State Selections 80 Land Commissioners 94 Settlement 56, 90 Stone Lands 8, 85 Surveys 15 Timber Culture Entries 69 Lands 8, 85 Townships — How Numbered 16 Townsites 76 Trees, Bearing 19 Unofifered Lands 8 Valentine Scrip 12 Warrants , 10 THE American Settler's Guide. CHAPTER I, EXPLANATORY. I. Public and Private Lands. All real estate in the United States is either public or private. a. LANDS NOT PUliLIC. Private lands are owned by private persons or corporations, the titles being derived from the General Government or from a Foreign Povi"^r. Titles deiived from foreign governments are protected .by treaty, and are either complete or inchoate. Complete titles need no further action on the part of the United States, whereas inchoate (incomplete) titles usually reqirire examina- tion, survey, and patent (").• To distinguish them from government lands, the tracts donated to the several States by the United States, or obtained otherwise as in Texas, are called State lands (''), and are not subject to disposal under the land laws of the United States. b. PUBLIC LANDS. All lands owned by the United States are public lands, though visually those only are so teiTOed which are for sale or other disposal by the Government under general laws {"). In this latter sense the term will be used throughout this book. The public lands are within the States of Alabama, Florida, Illinois, Indiana, Michigan, Mississippi, Ohio, Wisconsin, and all the States and Territories west of the Mississippi River, except Texas, Alaska, and the Indian Ter ritory. In Ohio, Indiana, and Illinois, but little public land is to be found, and this is for sale at the General Land Office in Washington. The other public land States and Territories are divided into districts, in each of which is a land office with two officers in attendance, one called the Register, and the other the Receiver. These officers act as agents or salesmen for the Government, and if the sales made by them are approved by the Commissioner of the General Land Office, patents for the lands are issued to the purchasers. A list of the ninety- seven local land offices will be found in Chapter VII. t. KINDS OF PUBLIC LANDS. I . Agricultural Lands are those that will produce agricultural crops. These are disposed of under the Homestead, Preemption, and Timber Culture laws, and those relating to Public Sale and Private Entry. Grazing lands can be purchased at public sale and private entiy. ("*) A land patent is the written document through which the United States transfers to a private party, cor- poration, or State, all its right and title in the land described. It is signed by the President, countersigned by ihe Recorder of the General Land Office, and. sealed with the seal of that Office. It is the Government's deed. (ti) For the purchase of State lands, see Chapters VI. and VIZ. (") Newhall v, Sanger, Landowner, Vol. 3, p. 39. (7) 8 THE AMERICAN SETTLER'S GUIDE. 2. Desert Lands are such as will not produce crops without irrigation or an artificial supply of water. These lands, in the States of California, Oregon, and Nevada, and in the Territories of Washington, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico, and Dakota, can be purchased under the Act of March 3, 1877. See Chapter VI. 3. Timber Lands are those not fit for cultivation, but valued for the timber growing upon them. The timber linds in California, Oregon, Nevada, and Washington Territoiy, are for sale under the law of June 3, 1878. See Chapter VI. 4. Stone Lands are those areas valued for the stone they contain, and are for sale under the same act of Congress as the Pacific Coast timber lands. 5. Coal Lands are the lands valued for the deposits of coal therein. They may be bought under the Coal Act of March 3, 1873. See Chapter VI. 6. Mineral Lands are those tracts which are more valuable for the metals or other min- erals they embrace than for agricultural purposes. These lands may be secured under the mining laws, except coal aijd stone lands, whiclj are sold under separate acts of Congress. See Chapter VI. 7. Saline Lands are lands whereon salt springs are found. The act of January 12, 1877, under which salines can be bought, is veiy restricted in its operations. It does not apply to any lands in the Territories, nor within the States of MississipiDi, Louisiana, Florida, California, and Nevada. See Chapter VI. These are the several classes of public lands recognized by and for sale under the laws of Congress. They cannot be sold under any state law, and state courts have no authority on the question of title to them until after a patent has issued. They cannot be taxed, though the settler's improvements thereon, having the character of personalty, may be. The settler should not delay securing his patent because he wishes to save taxes. There is too much risk of losing all his improvements by some other party seeking title to the same tract of land. II. Several Terms Explained. The following expressions are often used : a. PUBLIC SALE. A public sale of lands is an auction sale. When large bodies of land are to be sold, u proclamation is issued in the President's name, describing the tracts and stating the time and place of sale. When only a few isolated tracts of land, not embraced in the regular procla- mations, are to be disposed of, a notice to that effect is published in a newsj^aper in the vicinity. The land is sold to the highest bidder for cash only, which must be paid on the same day. There are few public sales at the present tinie, as the policy of the Government is to encourage pre-emption and homestead settlement and timber culture. A man who buys land at public sale is not compelled to settle on or cultivate, it. b. I'RIVATE SALE, PRIVATE ENTRY, AND LOCATION. These three terms mean nearly the same. Where lands are offered at Public Sale and nobody bids for them, they may be bought at any time thereafter at the local land office, if not withdrawn in the meantime from market or reserved for some purpose. This is called a private sale or entry, or when the tract is paid for by a Warrant or Land Scrip it is called a location. In case a tract is withdrawn from market in consequence of an entry afterwards cancelled foi any reason, pr through erroneous marks on the books of the district office, it is not again sub ject to private entry until restored by public notice of at least thirty days. <.. OFFERED AND UNOFFERED LANDS. Offered lands, as may be supposed from the previous statements, are those that have been advertised or proclaimed for sale, but which were not then sold. If not withdrawn or re- served, they remain open to private entry or location.' Unoffered lands are such as were never offered. THE AMERICAN SETTLER'S GUIDE. 9 (i. MINIMUM AND DOUBLE MINIMUM LANDS. These terms refer to the price of lands. Minimum (lowest) priced lands, when sold at private entry for cash, bring one dollar and twenty-five cents an acre ; and this is the lowest price they are allowed to be sold for at public sale. Lands within railroad limits are supposed to be more valuable on that account, and are rated at two doUaij and fifty cents an acre. They are consequently called double-minimum, lands. Under some circumstances, as in case of a withdrawal for railroad purposes, the reserved! sections being enhanced in price, require under the law that they should be re-offered at the enhanced or double-minimum price before being subject again to private entry. in. ^What \A^ill Pay for Lands. Lands bought at private entry may be paid for with, i. Cash: A, Militaiy Bounty Land Warrants : 3, Agricultural College Scrip : 4, Supreme Court Scrip : 5, Indemnity Land Scrip : 6, Revolutionary Bounty Land Scrip : 7, Certificates of Deposits. Valentine Scrip, Porterfield Scrip, .Several Private Act Scrips, Sioux and Chippewa Indian Scrips, and Soldiers' Additional Homestead Certificates, will pay for such lands, but as they can also be located on unofiered tracts, and some of them even on unsurveyed lands, they sell for several dollars an acre. As the only object in using warrants or scrip for private entry or location is that they can be bought of private dealers for less than one dollar and twenty- five cents per acre, the minimum price, the high-priced scrips are never used for private entiy or location. n. CASH PURCHASES. The applicant will first present a written application to the Register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area in the following form : CASH APPLICATION. No. . Land Office at , [Date) , 18—. I, of county, — ' , do hereby apply to purchase the of section , in township , of range , containing • acres, according to the "returns of the surveyor general, for which 1 have agreed with the Register to give at the rate of per acre. (Applicant's name) . , Register of the land office at , do hereby certify that the lot above described contains acres, as mentioned above, and that the price agreed upon is per acre. , Register. Thereupon the Register, if the tract is vacant, will so certify to the Receiver, stating the price, and the applicant must then pay the amount of the purchase money. The Receiver will then issue his receipt for the money paid, giving to the purchaser a dupli- cate or copy of the receipt as follows : ' CASH RECEIPT. No. . Receiver's Office at , I^Date) , i8— . , Received from , of — county, , the sum of dollars and cents ; being in full for the quarter of section No. , in township No. , of range No. , containing acres and hundredths, at % per acre. . — ■ — ■ , Receiver. $ • At the close of the month the Register and Receiver will make returns of the .sale to the Geijeral Land OiBce at Washington, from which, when the proceedings are found regular, a patent or complete title wiJi 't/C Issued. When patents are ready for deliver/, they will in all cases be transmitted to the local office where the location or entry was made, where they can be obtained by the party entitled thereto, upon sun-ender of the' duplicate receipt, or certificate,, as the case may be ;. unless the duplicate shall have been previously filed in the General Land office, with a request that the patent be delivered to a certain party, or sent to a specified place. In no case will the patent be deUvered either from Washington or the local office except upon receipt of such duplicate, or, in case of its loss from any cause, upon the filing of an affidavit made by the present bona fide owner of the land, accounting for' the loss, and also showing ownership of the tracts or a portion thereof embraced in the patent. IP THE AMERICAN SETTLER-'S G.UinE. , In case the duplicate has been duly assigned by the locatgr, by a valid transfer in accord- ance with the laws governing J;ransfer of real estate in the State where the land is situated, such assignment vrill be recognized and patent issued accordingly, provided the duplicate with the assignment thereon shall be filed in the General Land Office prior to the issuing of patent ; but in no case will a patent be canceled for the purpose of making a reissue in the name of the assignee, where such assignment is not in possession of the office prior to date of the patent. Transfers of this kind must in all cases comply strictly with the lawof the place, and if the assignor be a married man, and the statute requires the wife to join in the deed, it must be complied with, and in case of failure in this or other vital point, the patent will issue only in the name of the original purchaser. b. LOCATIONS WITH WARRANTS. Military Bounty-Land Warrants are issued by the Commissioner of Pensions for services in the several wars before 1855. No warrants are issued for services during the late civil war. These warrants call for 40, 60, 80, 120 or 160 acres of land, and being assignable can be located by a purchaser. Warrants and the several kinds of scrip should be bought only of responsible dealers, with a written guarantee that, in case of error in the assignment or other defect, or occasional forgery, the settler will not lose anything thereby. The market price of warrants is frbm jSl.oo to $1.20 per acre. Application must be made as in cash cases, but must be accompanied by a wan'ant duly assigned as the consideration for the land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash $1.25 per acre, as the warrant is in satis- faction of only so many acres at $1.25 per acre, or furnish a warrant of such denomination as will, at the legal value of jSi.25 per acre, cover the rated price of the land. For example: a tract of 40 acres of land, held at ^2.50 per acre, can be paid for with a warrant calling for 40 acres and the payment of ^(50 in cash, or by surrendering an eighty-acre warrant for the same — the 40 acres to be in full satisfaction for the said location. Or a tract of 80 acres, rated at ^2.50 per acre, can be paid for by the surrender of two eighty-acre warrants. If there is a small excess excess in the area of the tract over the quantity called for on the face of the war rant in any case, such excess may be paid for in money. A duplicate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales. The following fees are chargeable by the land officers, and must be paid at the time of location : For ti 40-acre warrant, 50 cents each, to the Register and Receiver — total, gi.oo. For a 60-acre warrant, 75 cents " " " ' " 1.50. For an 80-acre warrant, $1,00 ** " ** " 2.00. For a i2o-acre warrant, $1 so " " " " 3.00. Fora i6o-acrewarrant,;f»z.oo " " " " 4.00, C. AGRICULTURAL COLLEGE SCRIP. This scrip was issued under the Act of Congress of- July 2, 1862, for the establishment of Agricultural Colleges. There is veiy little, of it now in market, and it is valued about the same as warrants. The manner of proceeding to acquire title with this class of paper is the same as in Cash and Warrant cases, the fees, to be paid the land officers being the same as on warrants. Only three sections in each township and one million acres in any one state can be located at private entry with this scrip. It is restricted in this class of entries to a technical " quarter-section," that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter-section" where .such part is taken as in full for a quarter; but it cannot be applied to different sub-divisions to make an area equivalent to a quarter-section. i;Cti^a 16 in the ?.zjne township would be described thus: The south- west quartet of the soulh-west quarter of section 16, in Township 5 north, of Run^e 8 Er.st (Mount Diablo Meiidi.tii, California), m figures, it would be written S. W. "jj!, S.W. J^, Sec. 16, T. 5 N., R. 8 E.,M D. M. \Miere would you find the following tract? N. E. %, S. E. yi, Sec. I, T. 2 S, R. 6 E, — Ans. jt is marked on the Diagram with an X, and on the Town- ship plat with a square. HOW TO TELL CORNERS. The following extracts from the Manual of Surveying Instructions illustrate the manner of establishing the corners of the public surveys : MANNER OP ESTABLISHING CORNERS HY MEANS OF POSTS. Township, sectional or mile corners, and quarter sectional or half mile comers, will be per- petuated by planting a post at the place of the comer, to be formed of the most durable wood of the forest at hand. The posts must be set in the earth by digging a hole to admit them huo feet deep, and must be very securely rammed in with earth, and also with stone, if any be found at hand. The portion of the post which extends above the earth must be squared off sufficiently smooth to admit of receiving the marks thereon, to be made with appropriate marking irons, indicating what it stands for. Thus the sides of tmonship comer posts should square at least four inches, (the post itself being five inches in diameter,) and must protrude two feet at least, above the ground ; the sides of section corner posts must square at least three inches, (the post itself being four inches in diameter,) and protrude tiuo feet from the ground ; and the quarter sec- tion corner posts and meander comer posts must be three inches uoide, presenting y?atfi?»f(/ sur- faces, and protmding two feet from the ground. THE AMERICAN SETTLER'S GUIDE. 17 DIAGRAM Illustrating the frame-work of Public Surveys in the United States. k> ( •t I 1 SJV. 4E. AM 2W. 3JV. 8E. IW IE. ./2[ IS. IE. * as. -IE. 4.E. SS. 3W. I c D A B — Principal Base. C D — Principal Meridian. JE J"— First Standard Parallel North (or Correction Line). €r fl"— First Standard Parallel South. I jBl — First Guide Meridian East. 18 THE AMERICAN SETTLER'S GUIDE. Where a township post is a corner common to four townships, it is to be set in the earth diagonally, thus ; j^ On each surface of the post is to be 'V marked the number of the particular ^•/ ^'"^ \ township and its range, which it faces. Thus, if the post be a common boundary to four townships, say one and two, south of the base line, of range one, west of the meridian ; also, to townships one and two, south of the base line, of range two, west of the meridian, it is to be marked thus : f (•R. iW.1 ' fiW.1 T. iS M FromN. toE.-^T. iS ^FromE. toS.-^ 2S. Is. 31 J (.6 ) f 2W. 1 (2 W.I FromN.toW.-^ j S. VFromW.toS.-^ 2S. 1- l 36 J li i These marks are not only to be dis- ^.^N. ^ ^ tinclly but neatly cut into the wood, at Pit. W JPoat. D '%/ least the eighth of an inch deep ; and to make them yet more conspicuous to the S eye of the anxious e.xplorer, the deputy mus; apply to all of them a streak of red, chalk. Section or mile-;xsts, beinj corners of sections, and where such are common io four sec- tions, are to be set diagonally in the earth (in the manner provided for township corner posts), and on each sioe of the squared surfaces (made smooth, as aforesaid, to receive the marks) js to be marked the appropriate number of the particular one of the four sections, respect- vely, which such i\is. faces; also, on one side thereof are to be marked the numbers of its township and range; and to make such marks yet more conspicuous in manner aforesaid, a streak of red chalk is to be applied. Opposite is represented a comer mound common to two townships or two sections only. In every township, subdivided into thirty-six sections, there are twenty-five interior section corners, each of which will be common io four sections. A quarter section, or half-mile post, is to have no other mark on it than ^ S., to indicate what it stands for. NOTCHING CORNER POSTS. Township comer posts, common to four townships, are to be notched with six notches on each of the four angles of the squared part set to the cardinal points. All mile posts on township lines must have as many notches on them, on two opposite angles thereof, as they are niiles distant from the township corners, respectively. Each of the posts at the comers of sections in the interior of a township must indicate, by a number of notches on each of its four corners directed to the cardinal points, the corresponding number of nfiles that it stands from the outlines of the township(*). - The four sides of the post will indicate the number of the section-they respectively face. Should a tree be found at the place of any (") Only on two edges in surveys made since 1864. See page 25. E Pit. THE AMERICAN SETTLER'S GUIDE. 19 n z O u r. o H U w a Ci t a I I corner, it -will be marked and notched as aforesaid, and answer for the corner in lieu of a post, the kind of tree and its diameter being given in the field-notes. BEARING TREES. The position of all corner posts, or corner trees, of whatever description that may be estab- lished, is to be evidenced in the following manner, viz : From such post or tree the couree must be taken and the distances measured to two or more adjacent trees in opposite directions, as nearly as may be, and these are called " bearing trees." Such are to be distinguished by a large smooth blaze, with a notch at its lower end, facing the comer, and in the blaze is to be marked the number of the range, township, and section; but at quarter-section corners nothing but ^ S. need be marked. The let- ters B. T. (bearing tree) are also to be marked upon a smaller blaze directly under the large one, and as near the ground as practicable. ■ At all township corners, and at all section corners, on range or township ' lines, four bearing trees are to be marked in this manner, one in each of the adjoining sections. At -i-nterior section corners four trees, one to stand within each-of -the four sections to HlHIJii'jli'd , which such corner is common, are to be || marked in manner aforesaid, if such be found. A tree supplying the place of a corner post is to be marked in the manner directed for posts, but if such tree should be a beech, or other smooth bark tree, the marks may be made on the bark, and the tree notched. From quarter section and meander corners two bearing trees are to be marked, one within each of the adjoining sections. ii'rt liWi. f ip m CORNER STONES. Where it is deemed best to use stones for boundaries, in lieu of posts, surveyors may, at any corner, inseit endwise into the ground, to the depth of 7 or 8 inches, a stone, the number of cubic inches in which shall not be less than the number con- tained in a. stone 14 inches long, 12 inches wide, and 3 inches thick — equal to 504 cubic inches — the edges of which must be set north and south, on north and south lines, and east and west, on east and west lines ; the dimensions of each stone to be given in the field-notes TOWNSHIP coKNEK STONE. SECTION coKNEE STONE, ^t thc timc of establishing the corner. The kind of stone should also be stated. MARKING CORNER STONES. Stones at township comers, .common to four townships, must have six notches, cut with a pick or chisel on each edge or side .-toward the cardinal points; and where used as section corners on the range and township lines, or as section corners in the interior of a township, they will also be notched, to correspond with the directions given for notching posts similarly situated.' 30 THE AMERICAN SETTLER'S GUIDE. Posts or stones at township comers on the base and standard lines, and which are common to two townships on the north side thereof, will have six notches on each of the west, north, ind east sides or edges; and where such stones or post? are set for corners to two townships south of the base or standard, six notches will be cut on each of the west, sotith, and east sides or edges. Stones when used for quarter section corners, will have y( cut on them — on the west side on north and south lines, and on QUARTER SECTION CORNER STONE. SECTION CORNER, tlic nortli sldc On cast aiid wcst Hncs. MOUNDS. Whenever bearing trees are not found, mounds of eartft, or stone, are to be raised around posts on which the corners are to be marked in tlie manner aforesaid. Wherever a mound of . earth is adopted, the same will present a conical shape. Prior to piling up the earth to construct a mound, there is to be dug a spadeful or two of earth from the corner boundary point, and in the cavity so formed is to be deposited, a marked stone, or a portion of charcoal (the quantity whereof is to be noted in the field-book) ; or in lieu of charcoal or marked stone, a charred stake is to be driven twelve inches down into such centre-point; either of these will be a witness for the future, and whichever is adopted, the fact is to be noted in the field-book. When mounds are formed of earth, the spot from which the earth is taken is called the "pit," the centre of which ought to be, wherever practicable, at a uniform distance and in a, ' uniform direction from the centre of the mound. There is to be a " pit" on each^\A& of every mound. At meander corners(") the "pit" is to be directly on the line, eight links further from the water than the mound. Wherever necessity is found for deviating from these rules in respect to the " pits," the course and distance to each is to be stated in the field-books. Perpetuity in the mound is a great desideratum. In forming it with light alluvial soil, the surveyor may find it necessary to make due allowance for the future settling of the earth, and thus making the mound more elevated than would be necessai-y in a. more compact and tena- cious soil, and increasing the base of it. In so doing, the reladve proportions between the township mound and other mounds are to be preserved as nearly as may be. The earth is to be' pressed down with the shovel during the process of piling it up. Mounds are to be covered with sod, grass side up, where sod is to be had ; but, in forming a mound, sod is never to be wrought up with the earth, because sod decays, and in the process of decomposing it will, cause the mound to become porous, and therefore liable to premature destruction. POSTS IN MOUNDS. Must show above the top of the mound ten or twelve inches, and be noticed and marked . precisely as they would be for the same corner without the mound. WITNESS MOUNDS TO TOWNSHIP OR SECTION CORNERS. If a township or section corner, in a situation where bearing or witness trees are not found within a reasonable distance therefrom, shall fall within a ravine, or in any other situation where the nature of the ground, or the circumstances of its locality, shall be such as may prevent or prove unfavorable to the erection of a mound, you will perpetuate such corner by selecting, in the immediate vicinity thereof, a suitable plot of ground as a site for a bearing or witness mound, ' and erect thereon a mound of earth in the same manner and co.nditioned in every respect, with charcoal, stone, or charred stake, deposited beneath, as before directed ; and measure and state in your field-book the distance and course from the position of the true corner of the bearing or witness mound so placed and erected . ; 1 : (•i) For meandering navigable streams, see page 26. THE AMERICAN SETTLER'S GUIDE. SI DOUBLE CORNERS. Double corners are to be nowhere except on the base and standard lines, whereon are to appear both the corners which mark the intersections of the lines which close tliereon, and those from which the surveys start on the north. On these lines, and at the time of running the same, the township, section and quarter-section corners are to be planted, and each of these is a comer common to ttao (whether township or section corners), on the north side of the line, and must be so marked. The corners which are established on the standard parallel, at the time of running it, are to be known as "standard corners" and, in addition to all the ordinary marks (as herein pre- scribed), they will be marked with the letters S. C. Closing corners will be marked with the letters C. C, in addition to other marks. You will recollect that the corners (whether township or section corners) which are common to two (two townships or two sections), are not to be planted diagonally like those which are ■ common to four, but witli the flat sides facing the cardinal points, and on which the marks and notches are made as usual. This, it will be perceived, will serve yet more fully to dLstinguish the standard parallels from all other lines. Instructions for Surveys Made Since'June i, 1864. By instructions to surveyors general, dated June i, 1C64, the Surveying Manual was modified in the following particulars : POSTS IN MOUNDS. All posts in mounds will herfeafter be planted or driven into the ground to the depth of twelve inches, at the precise corner point ; and the charcoal, charred stake, or marked stone required in the Manual will be deposited twelve inches below the surface, against the north side of the post when the deputy is running north, and against the west side "when the deputy is running west, etc. Township mounds will be five feet in diameter at their base, and two and a half feet in perpendicular height. Posts in township mounds are therefore required to be four and a half feet in length, so as to allow twelve inches to project above the mound. Mounds at section, quarter-section, and meander corners will be four and a half feet in diameter at their base, and two feet in perpendicular height, the posts being four feet in length, leaving twelve inches to project above the mound. Pits should be of uniform dimensions. The pits for a township mound will be eighteen inches wide, two feet in length, and at least twelve inches deep, located six feet from the pc^ts. At section corners the pits will be eighteen inches .t^.vr., ■'--■, i.nd not less than twelve inches in depth. Kt township corners common to four townships, the pits will be dug off the lines and length- wise to them. On base and standard lines, where the corners are common to only two town- ships or sections, three pits only will be dug — two in line on either side of the post, and one on the line north or south of the corner, as the case may be. By this means the standard and closing corners will be readily distinguished from each other. NOTCHING SECTION CORNER POSTS. Posts or stones at the corners of sections in the interior of townships will have as many notches on the south and east edges as they are miles from the south and east boundaries of the township, instead of being notched on all four edges, as directed in the Manual. MARKING CORNERS IN REGIONS REMOTE FROM TIMBER, AND DESTITUTE OF STONE. By circular of July 24, 1873, surveys of such lands are marked thus: In addition to the manner of establishing comers of public surveys by mounds of earth with deposits at the point of the comer, deputy surveyors are required to drive in the center of one of the pits at each section and township corner, sawed or hewed stakes not less than two inches square and two feet in length, said stakes to be marked in the manner heretofore prescribed for marking 23 THE AMERICAN SETTLER'S GUIDE. corner-posts, and to be driven one foot in the ground. At corners common to four town- sliips, the stEikes are to be driven in the pits east of the mound, and at corners common to four sections the stakes are to be driven in the pit southeast of the mound, and at corners common to two townships or sections they are to be driven in tlie pit east of the cornej'. This requirement does not apply to quarter-section corners. BEARING TREES. Where a tree not less than two and a half inches in diameter can be found for a bearing tree within three hundred links of the corner, it should be preferred to the pit. MEANDERING NAVIGABLE STREAMS. Standing with the face looking (/own stream, the bank on the left hand is termed tlie " left bank,'' and that on the 7-ig/it hand the " right bank.'' These terms are used to distinguish the two banks of a river or stream. Both banks of navigable rivers are meandered by taking the courses and distances of their windings. At those points where either the township or section lines intersect the banks of a navigable stream, posts, or, where necessary, mounds of car/It or stone, are established, called " meander corners." Rivers are deemed navigable waters when they can be lised as highways of commerce between the states. The right of a grantee of land bordering on a navigable river stops with the bank 6f the stream, though he may construct landings and wharves. New States have the same rights, sovereignty, and jurisdiction over navigable streams as the original States. The State has sovereignty over ground that was part of the bed of a meandered navigable stream at the time of her admission, and the public land laws do not apply to it subse- quently C) . GENERAL REMARKS. The previous instructions are not always complied with by rascally surveyors, and in some localities no remnants of surveys are to be found. In the old settled States, this is to be expected, but in the Territories and States where the surveys have lately been made, there is not often a satisfactory reason for the obliteration of corners. Petitions for resurvey, wliere there are no corners over wide areas, endorsed by the county surveyors, should be sent to the General Land Office, or to the delegation in Congress. Settlers should see that the surveys in progress are correctly made as indicated lierein, and complaints of irregularities should be sent to the Surveyor-General, or the Commissioner of the General Land Office. Surveys May be Made at the Expense of Settlers in Certain Cases. Applications for surveys must be made to the Sun'cyor-General in writing, upon the receipt of which he ^\■ill funlfeh the applicant with an estimate of how much the desired survey will cost. On receiving a certificate of deposit of a United States depositary, showing that the required sum has been deposited with him in a proper manner to pay for the work, the Surveyor-General will contract with a competent United States deputy surveyor, and have the survey made and' returned in the same manner as other public surveys are. The payment of the amount required for the survey will not give the depositor any priority of claim or right to purchase the land, or in any manner affect the claim or claims of any party or parties thereto; and, when .surveyed, it will be subject to the same general laws and regula- tions in relation to the disposition thereof as other public lands ar,e. The township to be surveyed must be within the range of the regular progress of the public sur.'eys embraced by existing standard lines. Where parties do not use the certificates of deposits in payment of their own land, they may assign them to others who may use them in payment of land under the pre-empdon or home- stead laws. Such assignments need not be acknowledged before any officer, but are to be made in the same way as on promissory notes and other negotiable paper. (*) N. B. Bradley, Copp's Public Land Laws, p. 763. THE AMERICAN SETTLER'S GUIDE. S3 Settlers maldng deposits are required to transmit the original certificate of deposit to the Secretary of the Treasury in Washington, D. C, and tlie duplicate must be sent to the United States Surveyor-General. The third copy or triplicate certificate is alone' used in payment of lands ^see page ii,^., certificates of deposit). , Where the amount of the deposit is greater than the cost of the survey, the excess is repaid on an account to be stated by the Surveyor-General. No provision of law exists for refunding to other parties than the depositors. HOW TO SUBDIVIDE SECTIONS. The course to be pursued in the subdivision of sections is to run straight lines from the estab- lished quarter-section corners — ^^United States surveys — to the opposite corresponding corners, and the point of intersection of lines so run will be the corner common to the several quarter- sections, or, in other words, the legal centre of the section., In the subdivision of fractional sections where^ no opposite corresponding corners have been or can be fixed, the subdivision lines should be ascertained by running from the established corners due north, south, east, or west lines, as the case may be, to the water-course, Indian boundary Ime, or other external boundary of such fractional section. The law presupposes tlie section lines surveyed and marked in the field by the United States deputy surveyors to be due north and south, or east and west lines, but in actual experience this is not always the case ; hence, in order to carry out the spirit of tlie law, it will be necessary, in ranning subdivisional lines through fractional sections, to adopt mean courses where the section lines are not due lines, or to run the subdivision line parallel to the section line where there is no opposite section line. Upon the lines closing on the north and west boundaries of a township, the quarter-section corners are established by the United States deputy-surveyors at precisely forty chains to the north or west of the last interior section corner, and the excess or deficiency in the measure- ment is thrown on the outer tier of lots, as per Act of Congress approved iMay lo, 1800. In the subdivision of quarter-sections, the quarter-quarter corners are to be placed at points equidistant between tlie section and quarter-section corners and between the quarter corners and the common centre of the section, except on the last half-mile of the lines closing on the north or west boundaries of a township, where tliey should be placed at twenty chains (original measurement) to the north or west of the quarter-section corner. The subdivision lines of fractional quarter-sections should be run from points on the section lines, intermediate between the section and quarter-section corners, due nortli, south, east, or west to the lake, water-course, or reservation, which renders such ti"acts fractional. When there are double sets of section corners on township and range lines, the quarter cornere for the sections south and east of the lines are not estabUshed in the field by the United States surveyors, but in subdividing such sections said quarter corners should be so placed as to suit the calculations of. the areas of the quarter-sections adjoining the towriship boundaries^ as expressed upon the official plat, adopting a proportional measurement where the present measurement of the north or west boundaries of the section differs from the original meas- urement. RE-ESTABLISHMENT OF LOST CORNERS. The original corners, when they can be found, must stand as the tnie corners they were in- tended to represent, even though not exactly where strictly professional care might have placed them in the first instance. Missing corners should be re-established in the identical localities they originally occupied. When the point cannot be determined by the existing land-marks in the field, resort must be had to the field-notes of theorigin al surveys. The law provides that the lengths of the lines as stated in the field-notes shall be considered as the true lengths thereof, and the distances between corners set down in the field-notes constitute proper data from which to determine the true locality of a missing corner ; hence the rule that all such should be restored at distances proportionate to the original measurements between existing original corners. That is, if the 24 THE AMERICAN SETTLER'S GUIDE. measurement between two existing corners ovemms or falls short of that stated in the field- notes, the excess or deficiency should be distributed proportionately among the intervening section lines betwen the said existing comers standing in their original places. Missing section corners in the interior of townships should be re-estabUshed at proportionate distances between the nearest existing original corners north and south of the missing comers. As has been observed, no existing original corner can be disturbed, and it will be plain that any excess or deficiency in measurements between existing comers cannot in any degree affect the distances beyond said existing corners, but must be added or subtracted proportionately to or from the intervals embraced between the corners which are still standing. CHAPTER III. HOMESTEADS. I. Homesteads in General. To the people of Europe, where the high price of real estate confers distinction upon its owner, it seems beyond belief that the United States should give away one hundred and sixty acres of land for nothing. Yet such is the fact ; a compliance with the Homestead Law, and the payment of small fees and commissions to the local officers, secure title to a quarter section of government land. Laborers in other countries, who find it difficult to support their families, can here acquire wealth, social privileges, and political honors, by a few years of inteUigent industry and patient frugalityC). All in the Atlantic States, who are discouraged with the slow, tedious methods of reaching independence, will find rich rewards awaiting settlers on the public lands, who have talent and energy, while the unfortunate in business and they who are burdened with debt, can, in the West and South, start anew in the race of life, for the Homestead Law expressly declares that " no lands acquired under the provisions of this chapter ( Homestead) shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor." Citizens and those who have declared their intention to become citizens, irrespective of the amount of land already owned, may claim, under the homestead laws, surveyed or unsurveyed lands, not mineral in characterC). This is conceded to the extent of one hundred and sixty acres of minimum lands, and one hundred and sixty acres of the ez'cn sections (z. c, 2, 4, 6, 8, etc.,) of townships within railroad or military road grants(°). Only eighty acres of double minimum lands of the odd sections within such grants not belonging to the road, or eighty acres of odd or even sections within grants for other purposes, can be entered under the Home- stead Laws. In Missouri and Arkansas, by Act of Congress of July i, i879(*), a qualified applicant may enter one hundred and sixty acres of the odd sections within the limits of grants of the even sections to railroads and military roads. a. APPLICATION AND ENTRY. In connection with an application in the following form : Application ) Land Office at — ., • No. . ; (Date] , 18—. I, , of , do hereby apply to enter, under section 2289 of the Revised Statutes of the United States, the of sectioil , in township , of range ^, containing acres. Land Office at - (Date) , 18—. I, ~J . . , register of the land office, do hereby certify that the above appHcation is for surveyed lands of the class which the applicant is legally entitled to enter under section 2289 of the Revised Statutes of the United States, and that there is no prior, valid, adverse right to the same. , Register. ("■) The present Secretary of the Interior, who decides all questions coming before him from the General Land Office, is a native of Germany. The Commissioner of the General Land Office, next preceding the present one, was a native of England. The late General Shields, another Commissioner of the General Land Office, was a native of Ireland. — [This statement was made in February, 1880.] (*>) Mineral lands in Kansas, Missouri, Michigan, Minnesota, and Wisconsin, may be included in Homestead entries. (•=) In Alabama and«Mississippi, and elsewhere, except Missouri and Arkansas, where the even sections were grantnd and the odd reserved, only eighty acres of double minimum lands can be homesteaded, except by soldiers and sailors, their widows and orphan children. General Land Office Instructions, September i, 1879, p. 11. i^) Land O'wner, Vol. 6, p. 83. (25) 26 THE AMERICAN SETTLER'S GUIDE. The party must present the following affidavit : Land Office at - {Date) - i, , of , having filed my application, No. — ^, for an entry under Section 2289 of the Re- vised Statutes of the United States, do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age ; whether a citizen of the United States, or has filed his declaration of intention of becoming such ; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war; that said application, No. , is made for his or her exclusive benefit ; and that said entry is made for the purpose of actual settlement and cultivation, and not, directly or iiidirectly, for the use or benefit of any other person or persons whomsoever], and that I have not heretofore had the benefit of the homestead laws. Sworn to and subscribed, this day of- Register [or Receiver]. He must thereupon pay the legal fee and that part of the commissions which is payable when the entry is made, as given in the tables below : For homestead entries on lands in Michigan, Wisconsin, Iowa, Missouri, Minnesota, Kansas, Nebraska, Dakota, Alabama, Mississippi, Louisiana, Arkansas, and- Florida, commissions and fees are to be paid according to the following table. Commissions. Fee. Acres. Class of Total land. Payable when Payable when Payable when paid. entry is made. certificate issues. entry is made. 160 $2 50 $8 00 $8 00 jSlO GO ^26 00 80 2 50 4 00 4 00 5 00 13 00 40 2 50 2 00 2 00 5 00 9 00 160 I 25 4 00 4 00 10 00 18 00 80 I 25 2 00 2 00 5 00 9 00 40 I 25 I 00 I 00 S 00 7 00 In addition to the States and Territories above named, the same rates will apply to Ohio, Indiana, and Illinois, if any vacant tracts can be found liable to entiy in these three States, where but very few isolated tracts of public land remain undisposed of. All entries in these last-named States are made at the General Land Office in Washington. In the Pacific and other political divisions, vi%. : on lands in California, Nevada, Oregon, Colorado, New Mexico, and Washington, and in Arizona, Idaho, Utah, Wyoming, and Mon- tana, the commissions and fees are to be paid according to the following table ; Acres. Class of land. Commissions. Fee. Total sum paid. Payable when entry is made. Payable when certificate issues. Payable when entry is made. 160 80 %2 50 2 50 $\z 00 6 00 $\2, 00 6 00 ^10 00 5 00 ^34 00 17 00 40 160 2 50 I 25 3 00 6 00 3 00 6 00 5 00 10 00 II 00 22 00 80 I 25 3 00 3 00 5 00 II 00 40 125 I 50 I so 5 00 8 00 Where the applicant has made actual settlement on the land he desires to enter, but is pre- vented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county within which the land is situated. In this affidavit it must be shown that the party's family or some member thereof is residing upon the land, and that a bona fide settlement and improve- ment have been made thereon. The cause of the applicant's inability to be present at the land office must be satisfactorily shown. THE AMERICAN SETTLER'S GUIDE. 27 ADJOINING FARM HOMESTEADS. An applicant owning and residing on an original farm, may enter other land lying con- tiguous thereto, which sliall not, with such farm, exceed in the aggregate i6o acres. Thus, for example, a. party owning or occupying 80 acres may enter 80 additional, without regard to price, whether held at $1.2^ or ;J2.50 per acre; or, if owning 40 acres, he may enter 120 acres additional of land held at $1.25 per acre, or of land held at ^2.50 per acre, where 160 acres is now the maximum quantity of double minimum land subject to homestead entry, but cannot exceed the maximum of 80 acres where the land proposed to be entered is held at S2.50 per acre, and where 80 acres is still the legal maximum in reference to that class of lands C). In applying for an entiy of this class, the party must make affidavit, as follows, describing the tract which he owns Imd upon which he resides as his original farm : AFFIDAVIT. Land Office at - l^Date) - I, , of , havinjj filed my application No. , for an entry under the provisions of the Act of Congress approved May 20, 1862, entitled, "An Act to secure homesteads to actual settlers on the public domain," do solemnly swear that , There state whether the applicant is the head of a family, or over twenty-one years of age; whether a citizen of the United States, or has filed his declaration of intention of becoming such, or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war ;] that said entry is made for my own exclusive benefit, and not directly or indirectly for the benefit or use of any other person or persons whomsoever; neither have I heretofore perfected or abandoned an entry made under this act ; tiiat the land embraced in the said application No. is iiuended- for an adjoining farm homestead, that I now own and reside upon, an original farm contain- ing acres, and no more : that the same comprises the of section , township , range , and is contiguous to the tract this day applied for. Sworn to and subscribed this day of before of the Land OJjfice. On compliance by the party with the foregoing requirements, relating to an original or adjoining farm homestead, the receiver will issue his receipt for the fee and that part of the commissions paid, as follows, a duplicate of which he will deliver to the party : Receiver's Receipt, No. . Application No. — — . HOMESTEAD. Receiver's Office, (^Date) - Received from , of county, , the sum of dollars and — cents, being the amount of'fee ani^ compensation of register and receiver for the entry of of section in township ■ ■, of range , under section , Revised Statutes of the United States. • ■, Receiver. ENTRIES UNDER LAW OF MARCH 3, l879(''). Any person who has under existing laws taken a homestead on any even section within the limits of any railroad or military road land grant, and who by existing laws shall have been restricted to 80 acres, may enter under the homestead laws an additional 80 acres adjoining the land embraced in his original entry, if such additional land be subject to entry, without payment of fees and commissions. Tli^ residence and cultivation of such person upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon and of the land embraced in his additional entry, and shall be deducted from the five years residence required by law ; with the proviso, however, tJiat in no case shall patent issue until the person has actually, and in conformity with the homestead laws, occupied, resided upon, and cultivated the land embraced in his additional entry at least one year. Upon any party proposing to enter such additional tract, the Register and Receiver will require him to make homestead application and affidavit according to annexed forms : ADDITIONAL HOMESTEAD. — ACT OF MARCH 3, 1879. Application ) Land Office at , No. . / (Date) , 18—. I, , of , do hereby apply to enter, under the act of March 3, 1879, the of section , in township , of range , containing acres, as additional to my entry No. , for the of , section , in township , of range . (11) General Land Office Instructions, October i, 1880, p. 19. 38 THE AMERICAN SETTLER'S GUIDE. Land Office at - (Date) , i8— . I, , Register of the Land Ofifice, do hereby certify that the above application is for surveyed lands, of the class which the applicant is legally entitled to enter under the act of March 3, 1879, and that there is no prior valid adverse right to the same. , Register , ADDITIONAL HOMESTEAD. — ACT OF MARCH 3, 1879. affidavit, Land Office at , (Date) ■. , 18—. I, , of , having filed my application. No. , for an entry under the Act of March 3, 1879, do solemnly swear that [here state whether the applicant is the head of a family, or over twenty-one years of age ; whether a citizen of the United States, or has iiled his declaration of intention of becoming .such ; or, if under twenty-one years of age, that he has served not less than fourteen days in the Army or Navy of the United States during actual war]; that said application No. is made for my exclusive benefit; and^that said entry is made for the purpose or actual settlement and cultivation, and not, directly or indirectly, for the yse or benefit of any other person or persons whomsoever, and that I have not heretofore had the benefit of said act. Sworn to and subscribed, this day of , before Register \pr Receiver\. Tn this class of entries tlie party, if still resident on the original entry tract, will not be re- quired to remove therefrom to the additional entry tract in order to make a nevi' residence on the latter, as the two forming one body of land, residence on either will be regarded as satisfy- ing the legal requirement ; but in making final proof on the additional entry, the party must show such residence, with occupancy and cultivation of the tract taken as additional for five years from the date of entry thereof, le.ss the time to be deducted on account of residence and cultivation on the original entry, which shall not exceed four years in any case. Should the person so elect he may, instead of making an additional entry, surrender his existing entry to the United States for cancellation, and thereupon be entitled to enter lands under the homestead laws the same as if the surrendered entry had not been made, with the same provisions, as regards fees and commissions not being required, and requiring settlement and cultivation, occupation and residence, as have been already stated with regard to additional entries. In case of any party electing to surrender his entry under this act, the Register and Receiver will receive his relinquishment in the usual form, which shall specify for what purpose made, and be accompanied by the duplicate receipt issued for the relinquished entiy, or by a statement under oath showing a good reason for its absence. Any party claiming the right to make an additional entry or to surrender an old and make a new one, will be required first to make affidavit that he did not serve as a soldier or sailor for ninety days duriiig the late civil war and receive an honorable discharge from the Ai-my or Navy ; for if so, he would not be entitled to the right claimed, as the class of persons who so served and were discharged were not restricted to eighty acres under the previously existing laws, as indicated below. This affidavit may be made before any officer using a seal and authorized to administer oaths, or before the Register or Receiver of the district office. INDIAN HOMESTEADS. Indians who have abandoned their tribal relations ajid adopted the habits and pursuits of civilized life are allowed to make homestead entries. Special forms are provided in such cases. RULINGS. Below will be found abstracts of decisions made by the Interior Department and the General Land Office on applications to enter land under the homestead acts : A single woman who makes an entry under the homestead laws does not forfeit her rights by marriage, provided the requiremerits as to settlement and cultivation are complied with(»). A married woman deserted by her husband made a homestead entry and provided meiins for improving and cultivating the land embraced therein. Notwithstanding her husband's return, she will, upon making satisfactoiy final proof, receive the patent in her own nameC"), The marriage of a woman to a Mormon, who has a wife living from whom he is not di- (•) W. H. Werdelange, Land Oiimer, Vol, i, p. 3. (b) Ella Nelson, Land Owner, Vol. i, p. 4. THE AMERICAN SETTLER'S GUIDE. 39 vorced, does not make her the legal wife of such person, so as to disqualify her from entering public lands. But where such polygamous wife allows her pretended husband to control her acts, and maintains her marital relations with him, she cannot be allowed to make an entry of piiblic lands, where the laws governing the same require thtt the entry must be made for the exclusive use and benefit of the applicant(°). An abandoned wife is regarded as the head of a family, and her rights will receive due consideration. .When she and her children are still residing upon the homestead entered by her absent husband, the entry cannot be cancelled for abandonment(''). A woman may commute her deceased husband's entry and receive a patent in her own name, and afterwards may make another homestead entry in her own right ("). The entry of a minor, "ot the head of a family, is void, and does not exclude him from making a legal entry on attaining his majority(''). Orphan children of other than deceased Union soldiers and sailors, whose widows are dead or married, cannot make homestead entries through guardians(''). A homestead entry cannot be made for an " incompetent" person by his guardian('). It is no part of the duties of the registers and receivers of the United States Land Oifices to make out applications for homestead or pre-emption settlers(s). In cases of simultaneous applications to enter under the homestead laws, the rule is as follows : 1. Where neither party has improvements on the land, it should be sold to the highest bidder. 2. Where one has actual settlement and improvements, and the other none, it should be awarded to the actual settler. 3. Where both allege settlement and improvements, an investigation must be had, and the land be awarded to him who shows the prior actual settlement and substantial improvements, so as to be notice on the ground to any competitorC"). In case of death of homestead settler, leaving no widow or children, the legal heirs may commute or continue residence ; the final papers will then be made out in the name of " the heirs." The heirs would not be debarred thereby from making each a homestead entry in his own name(^). A party who neglects to examine the character of land entered by him under the homestead laws must sufier the consequences. He cannot be allowed to make another entry(J). Where a homestead claimant's land has become totally valueless for fanning purposes by reason of the overflow or back water of a river, he will be allowed tq make another homestead entry, with credit for fees and commissions. In the.event of a new homestead entry, he will be required to show compliance with the law as though he had made no previous entryC). An application handed to the Receiver after office hours on the street, without the fee, is not a legal application ('). Land appropriated for any public use is not subject to entry under the Homstead Laws. The appropriation of land by the Government is setting it apart for some particular use, as Congress set apart the land embraced in the Hot Springs reservation(™). A homestead entry becomes effective only when made at the local office, and not when the affidavit is taken before a county clerk. The only benefit derived from settlement is the privi- lege in certain homestead cases of making the required affidavit before the county clerk(°). (ii) Lyons vs. Stevens, Land Owner, Vol. 6, p. 107. (l*) Thompson vs. Anderson, Land Owner, Vol. 6, p. 125. (0) Adolphine Hedensky, Land Owner,Vo\. 2, p. 83. (^) Thomas Thompson, Land Owner, Vol. i, p. 99. M. S. Woodford, Land Owner, Vol. 6, p. 123. Koot vs. Smith, Land Owner, Vol. 6, p. 45. (") J. A. Balch, Land Owner, Vol. i, p. 149. O W. R. Ledford, Land Owner, Vol. 5, p. 165. fe) T. C. Shapleigh, Land Owner, Vol. 5, p. 147. f^) Helfrich vs. King, Land Owner, Vol. 3, pp. ig, 164. (i) R. J. Simonson, Land Owner, Vol. i,p. 35. (J) J- O. Nightingale, Land Owner, Vol. 4, p. 146. (It) H. J. Johnson, Land Owner, Vol. 4, p. 83. (l) Gregory vs. Kirtland, Copp's Public Land Laws, p. 228. (n») Hot Springs Reservation, Land Owner, Vol. 2, p. 100. (n) G. Zentenhorst, Land Owner, Vol. i, p. 139, 30 THE AMERICAN SETTLER'S GUIDE. Where notices of cancellation of entries are received at the local office after business hours, the land embraced therein is not subject to entry or filing until the usual opening hour on the following morning("). The right to tax lands of the United States, entered und,er the homestead laws, does not accrue to the State until the expiration of the period of residence and cultivation, and until the final proof required by law shall have been made and approved, and the final homestead cer- tificate issuedC). Where a second contest was initiated prior to the determination of a prior contest, and the homestead entry in question was cancelled as a result of the first contest, the second contestant has no preference right of entry should the first contestant fail to malie entry. The land in that case would be open to the fiist legal applicant(°). After lands have been offered at public sale and then withdrawn, they may be restored to homestead and preemption entry. Until they have again been offered at public sale, they are not subject to private entryC). Where the quantity of land sought to be entered is eighty acres and a fraction of an acre more, i. e. is less than eighty-one acres, the fee required is only S5-O0 — not SicooC). A party cannot initiate a homestead claim to land covered by an uncancelled prior home- stead entryC). b. RESIDENCE AND CULTIVATION. By making an entry an inceptive right is vested in the settler, and his final title depends on his residence upon and cultivation of the land embraced in his claim. This residence and cultivation must continue Jive years unless he was a soldier or sailor in the late war (See Soldiers' and Sailors' Homesteads) ; or if he prefers to pay for his land, as at private entry, he may after six months' settlement and cultivation make the necessary proof. This early payment is called commuting a homestead entry. (See Final Proof and Commu- tation.) The refusal of the vyife to live on a homestead, provided the husband complies with the law, will not injure his.rights(8). A man and yoman, after making each a homestead entry, may marry without invalidating their rights, if the law is complied with as to residence and cultivation. Either homestead may, if they choose, be commutedC"). Where a man and woman marry after each has made a homestead entry of adjoining land, they may live in a house built on the dividing line between the two homesteads('). Residence in a double house, built on the dividing line between adjoining homesteads, is residence in compliance with the law(J). After a homesteader has completed the term of five years, a further residence is not required to entitle him to patent ("). Residence for the period of five years from date of entiy on the tract claimed is a compliance with the Homestead Law ; but the question of such residence may under proper restriction be investigated at any time before issuance of patent('). Where a homestead claimant has failed to comply with the law in the matter of residence, he may, where he has been prevented by circumstances beyond his control, and his good faith is evident, be allowed additional time to comply therewithC"). The homestead entry of a party who failed to establish permanent and exclusive residence l^) George Noble, Land Owner, Vol. 2, p. 34. C*) W. C. Means, Land Owner, Vol. 2, p. 148. George Bates, Land Owner, Vol. 1, p. 155. E. E. ZItman, Land Owner, Vol. 2, p. 155. J. H. Merritt, Land Owner, Vol. 5, p. 147. (c) Bennett vs. Collins, Land Oivner, Vol. 8, p. 172. (<1) Thomas Holland, Land Owner, Vol. 4, p. 44. (") Alcide Guidney, Land Owner, Vol. 8, p. 157. (') B. W. Wilson, Land Oivner, Vol. 1, p. 114. (s) O. A. A. Gardiner, Land Owner, Vol. i, p. 92. (h) A. J. Buckland, Land Owner, Vol, 4, p. 107, (1) A. C. Sowlc, et ai.. Land Owner, Vol. 6, p. 93. (J) W. S. Hcadlee, Land Owner, Vol. i. p. 51. (1*) Joseph Fisher, Land Owner, Vol. i, p. 51. (i) Weber vs. Gourley, Land Owner, Vol. 3, p. ig, (m) Adam Licklider, Land Oitmer, Vol. 4, p. 131. THE AMERICAN SET'TLER'S GUIDE. 31 on the tract until three and one-half years after date of entry, should be held in abeyance until the expiration of five' years from settlement, and his case be submitted to the Board of Equitable Adjudication, established to determine in what cases patents shall issue where the law has been substantially complied with("-). A party who enters a homestead and attempts to acquire title thereto by going upon the land and remaining over night once or twice in six months, fails to establish a legal resfdence ; and where it is shown that such failure to comply with the provisions of the law was not the result of ignorance or of uncontrollable circumstances, the entry should be cancelled^). Such cases as the above should not be submitted to the Board of Equitable Adjudication. Cases going before this Board are Umited to those in which the 'good faith of the claimant appears unquestionable (Ibid). A party while having an actual residence on his claim, may worlt elsewhere for other people a few weeks at a time. An entry is liable to be cancelled for failure in respect to residence, and the land given to some one else. Residence is not required on an "Adjoining Farm Homestead." There must be continued residence on the original faiTa, however, and use of the additional land in con- nection therewith. Where a homestead settler dies before the completion of his claim, the widow, or in case of her death, the heirs, may continue settlement or cultivation, and obtain title upon proper proof at the right time. If the widow proves up, the title passes to her; if she dies before proving up, and the heirs make the proof, the title will vest in them. Where both parents die, leaving infant children, the homestead may be sold for cash for the benefit of such children, and the purchaser will receive title from the United States ; or the patent will issue to the infants on proof of settlement or cultivation for the jjrescribed period. The law is substantially complied with by continual cultivation for the period of five years by the heirs or devisee, personal residence not being required in their case(''}. The sale of a homestead claim by the settler to another party before completion ot title is not recognized, and vests no title or equities in the purchaser. In making final proof, the settler is by law required to swear that no part of the land has been alienated, except for church, cem- etery, or school purposes, or the right of way of railroads. C. AMENDMENT. Where a party desires to amend his homestead papers on the ground that they do not describe the tract he intended to apply for and has actually settled upon, he must with his application for amendment send to the Register and, Receiver an affidavit sustained by the affidavit of two witnesses, wherein he sets forth that he had within six months from date of original application actually settled on the described tract, and give in full the character of the improvements made. Where a party desires the cancellation of his entry on account of a prior legal claim having attached to the land so entered, he must send with his application an affidavit, coiToborated as before by two witnesses, showing number, date, and nature of the prior claim, and the extent of the improvements, if any, which may have been madeC*). A homestead party whose entry is cancelled in part for conflict, may retain the remainder and amend his entry to embrace a contiguous vacant tract, not to exceed the quantity in his original entry(°). A claimant has a right to obtain the correction of a clerical error in his entry papers, mis- describing the land settled upon and cultivated('J. {*) Thorsten Olsen, Land Owner, Vol. 5, p. 117. (iJ) Byrne vs. Catlin, Land Owner, Vol. 5, p. 146. («) Dorame vs. Towers, Land Owner, Vol. 2, p. 131. (*) General Land Office Instructions, Copp's Public Land Laws, p. 239. (e) Thomas C. Marks, Copp's Public Land Laws, p. 240. Jefferson Newcomb, Land Owner, Vol. 2, p. 162. 33 THE AMERICAN SETTLER'S GUIDE. CIRCULAR IN RELATION TO CHANGES OF ENTRY. The following circular of instructions from the General Land Office is so full and explicit that it is given at length : Department of the Interior, General Land Office, Washington, D. C, August 8, 1878. To Registers and Receivers of U. S. Land Offices, Gentlemen : In order to secure uniformity in proceedings upon applications for Change of Entry, attention is called to the following sections of the Revised Statutes and accompanying instructions : Section 2369. In every case of a purchaser of public lands, at private sale, having en- tered at the land office a tract different from that he intended to purchase, and being desirous of having the error in his entry corrected, he shall make his application for that purpose to the Register of the land office, and if it appears from testimony satisfactory to the Register and Receiver that an error in the entry has been made, and that the same was occasioned by original incorrect marks made by the surveyor, or by the obliteration or change of the original marks and numbers at corners of the tract of land ; or that it has in any other wise arisen from mistake or error of the surveyor, or officers of the land office, the Register and Receiver shall report the case, with the testimony, and their opinion thereon, to the Secretary of the Interior, who is authorized to direct that th^ purchaser is at liberty to withdraw the entry so erroneously made, and that the moneys which have been paid shall be applied in the purchase of other lands in the same district, or credited in the payment for other lands which have been purchased at the same office. Section 2370. The provisions of the preceding seition are declared to extend to all cases where patents have been issued, or may hereafter issue ; upon condition, however, that the party concerned surrenders his patent to the Commissioner of the General Land Office, with a relin- quishment of title thereon, executed in a form to be prescribed by the Secretary of the Interior. Section 2371. The provisions of the two preceding sections are made applicable in all respects to errors in the location of land-warrants. Section 2372. In all cases of an entry hereafter made of a tract of land not intended to be entered, by a mistake of the true numbers of the tract intended to be entered, where the tract thus erroneously entered does not in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned, or liis right in any way transfeiTed, the purchaser, or, in case of his death, the legal representatives, not being assignees or trans- ferees, may, in any case coming within the provisions of this section, file his own affidavit, with such additional evidence as can be procured, showing the mistake of the numbers of the tract intended to be entered, and that every reasonable precaution and exertion had been used to avoid the error, with the Register and Receiver of the land district within which such tract of land is situated, who shall transmit the evidence submitted to them in each case, together with their written opinion, both as to the existence of the mistake and the credibility of each person testifying thereto, to the Commissioner of the General Land Office, who, if he be en- tirely satisfied that the mistake has been made, and that every reasonable precaution and ex- ertion had been made to avoid it, is authorized to change the entry and transfer the payment from the ti-acferroneously entered to that intended to be entered, if unsold; but if sold, to any other tract hable to entry; but the oath of the person interested shall in no case be deemed suiKcient, in the absence of other corroborating testimony, to authorize such change of entry ; nor shall anything herein contained affect the right of third persons. It will be observed that section 2369 is intended to afford relief to purchasers of public lands at private sale whose errors in entries have been occasioned by the original incorrect marking by the surveyor, or by the subsequent change or obliteration of those marks, or by any other error originating either with the surveyor or the land officers. Section 2370 extends the foregoing provision to cases where patents have been or may be issued. THE AMERICAN SETTLER'S GUIDE. 33 Section 2371 extends the provisions of both the preceding sections to errors in the locatiou of land warrants. Section 2372, further extending these provisions, applies to all classes of entries, and. also, embraces cases where the error was not occasioned by any act of the surveyor or of the 1au4) officers, but restricts changes of entry to cases in which the tract erroneously entered does not .in quantity exceed one-half section, and where the certificate of the original purchaser has not been assigned or his right in any way transferred. Change of entry may'lherefore be allowed in accordance with these pro.visious, iiJi respegt to either of the following classes of cases, viz. ; Purchases at public sale. ^ Private entries.. \ Pre-emption entries. Military bounty laud-warrant locations. ' Scrip locations, etc. A change of entry, when allowed, will be made from the tract erroneously entered to that intended to have been entered, if vacant; but if not vacant, the change may be made to any other tract liable to entry. APPLICATION FOR CHANGE OF ENTRY. The application must, in all cases, be made by the party making the original entry, or, in case of his death, by his legal representatives, not being assignees or transferees. The applicant must file an affidavit showing the nature and particular cause of the error, and that every reasonable and proper precaution had been used to avoid it, accompanied by the best corroborative testimony that can be procured. The oath of the party interested is not of itself sufhcient. The affidavit must also show that the land erroneously entered has not been transferred or otherwise encumbered. This evidence, together with your joint opinion as to the existence of the mistake, and the credil^ility of each person te.stifying thereto, will be forwarded for the decision of this office. Where a patent has not been issued, you will require the surrender of the duplicate receipt, or certificate of location (as the case may be), accompanied by the affidavit of the party that he has not sold, assigned, nor in any way encumbered the title to the land described in the application, and that said title has not become a matter of record. Where a patent has issued it must be surrendered. Where the title has become a matter of record, and in all cases where patent has issued, you will require a quit claim deed, or release, to the United .States, which deed must be exe- cuted, acknowledged, and recorded in accordance with the laws of the State or Territory in which the land is situated. You will also require a certificate from the county clerk, or other officer having charge of the books in which any conveyance of the land is required to be recorded to give it validity, stating thait the records of such office do not exhibit any convey- ance or other encumbrance of the land in question. In the case of a married man, a properly executed release of dower by the wife must be furnished. WHEN CHANGE OF ENTRY IS ALLOWED. In all cases of application for a change of entry, when the evidence is satisfactory, a new Register's certificate will be authorized hy this office, which certificate will bear the current number and date, and will be indorsed with the authority for such change. The tract to which the change is allowed, its area, etc., will be reported on the proper monthly abstracts, with a noting in red ink of the items credited from the old certificate and not included in the footings. Any excess over an original amount will be accounted for as in case of other excesses. Very respectfully, J. A. WILLIAMSON, Commissioner. Approved : C. SCHURZ, Secretary. 3 ^4 THE AMERICAN SETTLER'S GUIDE. d. FINAL PROOF AND COMMUTATION. The law is explicit in requiring final proof of ihe settler's compliance with the law to be made, within two years after the expiration of the five years of settlement and cultivation. Any settler desiring to make final proof must first file with the Register of the proper land office a written notice of his intention to do so. Such notice must describe the land claimed, and the claimant must give the names and post office addresses of the witnesses by whom the necessary facts as to settlement, residence, cultivation, etc., are to be established. NOTICE OF INTENTION. Lanu Office >t , {.Lucf} , i^ — . I, , of , who mnde Homestead Application No. (or Fre-eniptkiit Dt.t.lan'.ice ttf ji.y iiiicntiun lo mi ke liiial proof to istab- l.sh my claim [o liie hind aLove dchCribtd, and llial I txpect to prove my cl;.ini l)y ilie lollowing witnesses, v:z , of- , and , of [the names and residences of four witnesses]. Land Office at , Innate, , 1 8—. Notice of the above application will be published in the printed at , wliicli I hereby designate as the new.<.paper published nearest the land described in said application. , Register, The filing of such notice must be accoinpanied by a deposit of sufficient money to pay the cost of publi.^hing the notice to be given by the Register; though the p.irty is allowed to make a contract witli the publisher of the designated newspaper, and so need not deposit the money with the land ofRcers("). Upon the filing of the notice by the applicant, the Register shall publish a notice of such application once each week for a period of thirty days, in a newspaper whicli he shall desig- nate, by an order written on said application, as published nearest the land described in the application, and he shall also post the notice in some conspicuous place in his office for the same period. A compliance with the law will require the notice to be published weekly five times, because four weekly publications would not cover a period of thirty days. The notice to be given by the Register must state that application to make final proof has been filed ; the name of the applicant; the kind of entry, whelher homestead or pre-emp- tion ; it description of the land, and the nimes and residences of the witnesses as stated in the application. NOTICE FOR PUI5LICATION Land Office at , i,Dale) , i8— . Notice is herel^y given that the following-named settler .has filed notice of hi.s intention to in;tl residence upon, and cultivation of, the said , Register. To save expense, the Register may emiirace two or more cases in one publicatimi, wlicn it can be done consistently with the legal requirements of publication, in a newspaper ] ublishcd nearest the larid, as per attached form. CONSOLIDATED NO'l ICE FOR PUBLICATION. Lanii Office at , (iJme) , i8— . Notice Is hereby given that the followinti-named settlfer-s have (tied notice of intention to make linal proof in support of their respective cUiims before at , on , i88-, viz : , Homestead Application No. , for the . Witnesses: , of , and , Pre-emption Declaratory Statement No. , for the . Witnesses : , of ■, and , of . , Register, The proof that requisite notice has been given will be the certificate of the Register that the notice of the application (a copy of which should be annexed to the cerlificate) was posted by liim in a conspicuous place in his office for n period of thirty days; and the affidavit of the publisher or foreman of the newspaper that the notice (a copy of which notice must be (ft) Land Oiuner, Vol. 6, p. 93. THE AMERICAN SETTLER'S GUIDE. 35 annexed to the affidavit) was published in said newspaper once each week for five successive weeks. CERTIFICATE AS TO THE POSTING OF NOTICE. I.ANi5 Office at , {Date) , r8— . I, — — — , Register, do hereby certify that a npti,ce, a printed copy of which is hereto attac'ied. was by me posted in aconspieuoi^ place in my office for :i period of thirty days, I huving first posted said notice on the day of ■, 18—^ , Register, PROOF OF PUBLICATION. -of- ^ ■' county of , Jss, , being^dsily sworn , deposes and says that he js the of the ■ -, a newspaper published at , in county, in the of ■; that the notice of the inten- tion of ■ - — ■ (and ) to in:ike final homestead proof, a copy of which is hereto attached, was first published in said newspaper in its issue dated the ~—^ of , tSS — . and was published in each weekly issue of said newspaperthereafler for the full period of thirty days, the I'ast publication thereof being iii tTielhsue dated the of , 188—. Subscribed and sworn to before me this -— day of , A. D., 188 — . [Seal.] — ■- -^ Notary Public. In making final proof, the homestead party may appear in person at the district land office, with his witnesses, and there make the affidavit and proof required in support of" his claim; or he may appear with his witnesses before the judge of a court of record of ihe county and State, or disti'ict and Territory, in which the land is situated, and there make the final proof required, as follows, which proof, duly authenticated by the court seal, is required to be transmitted by the judge, or the clerk of the court, to the Register and Receiver, together with the fee and charges allowed by law. HOMESTEAD PROOF. FINAL AFFIDAVIT REQUIRED OF HOMESTEAD CLAIMANTS. Ij -, having made a homestead entry of the section No. , in township No. , of range No. , subject to entry at , luider section No. 2289 of the Revised Statutes of the United States, do now apply to perfect my claim thereto by virtue of section No. 2291 of the Revised Statutes of the United St:ites ; and for that purpose do .solemnly that I am a citizen of the United States; that I have made actual settlement upon and have cultivated said land, having resided thereon since the day of , ig — ^ to the present time ; that no>part of said land h:is been alienated, except as provided in section 22S3 of the Revised Statutes, but that I am the sole dona Jide owner' as an actual setder ; that I will bear true allegiance to the Government of the United States ; and further, that I have not heretofore perfected or abandoned :iii entry made under the Homestead Laws of the United States. Tj • — , of tne land oflice at , do hereby certify that the above affidavit was subscribed and sworn to before me this day of , 18 — . HOMESTEAD PROOF. TRSTIMONY OF CLAIMANT. , being ca'Jed as a witness in his own behalf in support of homestead entry No, , for , testifies as follows ; Hues. I. What i& your name — written m full and correctly spelled — your age. and post-office address? Qfi.;s. 2. Are you a native of the United States, or have you been naturalized? ^ Ans. . Ones, g^ \>'lien was your hnii-^e builc on the land, and when did you establish actual residence therein ? (De- scribe said houne anJ other jniproveinciiis which you have placed on the land, giving total value tiiereof.) Ans. . • Ques. 4. t'f whom does your family consist; and have you and your family resided continuously on the land since fir-^t establishing residence iherjon ? (If uumjrried, state tne f.ict.J Ans. . Ques. 5. P'or what period or periods have you been absent from the homestead since making settlement, and for vhat purpose; aud if temporarily absent,"did your family reside upon and cultivate the land during such absence ? Ans. . Ques. 6 How much of the land have you cultivated, and for how many seasons have you raised crop.s ihtreon? Ans. . Ques. 7. Are there any indications of coal, salines, or minerals of any kind on the land? (If so, describe what they are, and state whether the land is more valuable for agricultural than fur mineral purposes.) Ans. . Ques. 8. Have you ever made any other homestead entry? (If so, describe the same.) Alls. . Ques. g. Have you sold, conveyed, or mortgaged any portion of the land ; and if so, to whom, and for what purpose? Ans. . I HEREBY CERTIFY iKai the foregoing testimony was read to the claimant before being subscribed, and was sworn to before me this day of , x88-. 36 THE AMERICAN SETTLER'S GUIDE. Note. — IfnaturallZid, the claimant muse file a certified copy of his certificate of naturalization. In a com- muted homestead, a foreigii-born clnimAiit, if not naturalized, must file a certified copy of his declanitioil of intention. In making proof, the party must surrender his original duplicate receipt, or file affidavit of as io-s. Note — The officer before whom the testimony is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and state to him that it is the purpose of the Government, if it Ije ascertained that he testifies falsely, to prosecute him to the full extent of the law. Title LXX.— CRIMES — Ch. 4. Sec. 5392. F.very person who, having taken an oath before a competent tribunal, officer, or person, m any case in winch a law of the United States authorizes iui oath to be administered, ttiat he will testify, declare, de- pose, or ceriiry truly, or that any written testimony, decl^iratlon, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter wnicli he does nut believe to be true, is guili'v of perjury, and sh.ili be puni>hed by a fine of not more than two thousand dotlar^, .md by im- prisonment/ai hard labor, not more than five years, and shall, moreover, thereafter, be incapable of siving tes- timony ill any court of the United States unlit sucn tiiui as the judgment against liim is reversed. [See g I'/jO.J HOMEVrKAD PRODF. TESTIMONY OF WITNESS. , being called as a witness in .support of the Homestead entry of , for , testifies as follows ; Ques. T. What is your occupation, and where is your residence ? Alls. , Ques. 2. Have you been well acquainted with , the claimant, in this case, ever since he made his homestead entry No. ? ^,1.; . Ques. 3. Was the claimant qualified to make said entry ? (State whether the settler was a citizen of the United States, over the age of twenty-one years, or the head of a family, and whether he ever made a former homestead entry.) Ques. 4. When did claimant settle upon the homestead, and at what date did he establish actual residence thereon ? (Describe the dwelling and other improvement>, giving total value thereof.) Ans. . Ques, 5. Have claimant and family resided continuously on the homestead since first establishing residence thereon ? (If settler is unmarried, state the fact.) Ans. . Ques. 6. For what period or periods has the settler been absent from the land since making settlement, and for what purpose; and if temporarily absent, did claimant's family reside upon and cultivate the land during such absence ? Ans. — . Ques. 7. How much of the homestead has the settler cultivated, and for how many seasons did he raise crops thereon ? Ans. . Ques. 8. Are there any indications of coal, salines, or minerals of any kinds on the homestead? (If so, de- scribe what they are, and state whether the land is more valuable for agricultural than fc r mineral purposes.) Ans . Ques. g. Has the claimant mortgaged, sold, or contracted to sell, any portion of said homestead? Ans. Ques. 10. Are you interested in this claim ; and do you think the settler has acted in entire good faith in perfecting his entry? Ans. . The Receiver will thereupon, if the proof is satisfactory, issue his receipt, as follows, a dupli- cate being sent or given to the claimant: Application No. . Final Receiver's Receipt, No. — — . Receiver's Oi'fice, - (Date) — '■ , 18—. Received from , of county, , the sum of >— dollars and cents, being the balance 01 payment required by law for the entry of of section , In township , of range , contain- ing — ! acies, under section 2291 of the Revised Statutes of the United States. $ . , Receiver. The judge being absent in any case, the proof may be made before the clerk of the proper court. The fact of the absence of the judge must be certified in the papers by the clerk acting in his place. li" the land in any case is situated in an unorganized county, the statute provides that the party may proceed to make the proof in the manner indicated in any adjacent county in the State or Territory, The fact that the county in which the land lies is unorganized, and that the county in which the proof is made is adjacent thereto, must be certified by the officer. In any case where the final proof shall be transmitted to the Register and Receiver, as contemplated in this act, and the full amount of money due shall be paid, they will carefully examine the proof, and, if any objection 'appears, they will promptly notify the party and advise him of his rights in the matter. In cases in which final homestead proof is m-ade before the judge, or in his absence before ■ the clerk of a court of record, the Register and Receiver of the district land office are entitled to the same fee for examining and approving the proof so made as if the proof were taken and THE AMERICAN SETTLER'S GUIDE. 37 reduced to writing by them, for the claimants, viz., fifteen cents per hundred words, and oii the Pacific Coast, twenty-two and one;haIf cents per hundred wordsf"). In the Act of Congress of March 3, 1877, which provides that final proof in homestead entries may be made before the judge, or, in his absence, before the clerk of any court of record of the county and State, or district and Territory, in which the lands are situated ; the terms "in his absence," refer to the absence of the judge from the county seat or place where the court for the county is held. Where the clerk takes the proof, he should set forth in his certificate to the papers that the case was such as to authorize him to do so under the act; and for this, it will be sufficient for him to certify that the proof was made before him " in the absence of the judge," using the language of the statute(''). County courts in Florida are courts of record, and the judges and clerks of such courts are qualified to take final proof in homestead casesC). ADJOINING FARM ENTRIES. The proceedings in this cla.ss of cases are the same as in other homestead entries. It is not required that the applicant should prove actual residence on the separate tract entered; but if he does not, it must appear from the proof adduced (the forms previously given being modified to suit the circumstances of the case), that he has continued for the period required by law to reside upon and cultivate the original farm tract, making use of the entered tract as a part of the homestead. FINAL AFFIDAVIT REQUIRF.D OF ADJOINING FARM HOMESTEAD CLAIMANTS. I, , having made a homestead entry of the section No. . in township No. , of range No. , subject to entry at , for the use of an adjoining farm owned and occupied by me on the of section No. , in township No. , of range No. , under section 2289 of the Revised Statutes, do now apply to perfect ray claim thereto by virttte of section No. 2291 of the same, and for that purpose do solemnly that I am a citizen of the United States ; that 1 have continued to own and occupy the land constituting my original farm, having resided thereon since the day of , 18 — , to the present time, and have made use of the said entered tract as a part of my homestead, and have improved the same in the following manner, viz. : . That no part of said land has been alienated, but that I am the sole dona fide owner as an actual settler ; that I will bear true allegiance to the Government of the United States ; and, further, that I have not heretofore perfected or abandoned an entry under the homestead laws. -, of the land office at , do hereby certify that the above affidavit was taken and sub- scribed before n^e this day of ^ , 18 — . Where it is shown that a homestead entry was made for the use of an adjoining farm, l>y a party who owns only a half undivided interest in an origmal farm, such homestead entry will be passed for patenting if the law has been complied with in other respects^). COMMUTATION OP HOMESTEAD F.NTRIES. If the homestead settle.r does not wi.sh to remain five years on his tract, the law permits him to pay for it with cash, or warrants, or agricultural-college scrip, upon making proof of settle- ment and cultivation for a period of not less than six months from the date of entry to the time of payment ; or payment may now be made with private-claim scrip under the act of January 28, 1879. This proof of actual settlement and cultivation mu^t be ihe affidavit of the party, made in the form- below, in addition to the tesiimony usual in making final homestead proof, with a few verbal changes. Published notice as usual must be given prior to taking Ihe final proof. AFFIDAVIT. I, ■, claiming the right to commute, under section 2301 of the Revised Statutes of the United . States, my homestead entry No. , made upon the section , township — , range — , do solemnly swear that I made settlement upon said land on the day of , 18 — , and that since such diite, to wit : on the day of , 18 — , I have built a house on said land, and have continued to reside therein up to the present time ; that I have broken and cultivated acres of said land, and that no part of said land has been alienated, except as provided in section 2288 of the Revised Statutes, but that I am the sole bona fide owner as an actual settler. — \ ' (ft) Instructions, Land Owner, Vol. 4, p. 162. (b) W. S. Search, Land 07vner, Vol. 4, p. 162. (c) Instructions, Land Owner, Vol. 4, p. 179. (d) Douglas Dummett, Land Owner, Vol. 2, p. 181. 88 THE AMERICAN SETTLER'S GUIDE. I further swear that I have not heretofore perfected or abandoned an entry made under the homestead laws of the United States. Land Office . Subscribed and sworn to before me this day of . [May now be made before clerk of court.] Any person should be allowed to commute who, at the time application to commute !■! made, is the proper party entitled to make final proof at the right time, provided the claim so far as it has progressed is valid("). After a homestead lias been relinquished in part, the balance may be commuted(''). Where a jiarty commutes his homestead to cash, his rights under the pre-emption law are not affected, i. e., he may, if qualified, make an entry under the pre-emption ]aw(«). WHO SHALL MAKE FINAL PROOF. As many cases arise wlierein it is difficult to decide who shall make the final proof, the fol- lowing rulings of the Land Department are appended : In case of death of an unmarried homestead settler prior to expiration of the five years, his heirs or devisee may commute or continue cultivation and settlement. If death occurred after the expiration of the five years, the heirs or devisee may at once make proof. In these cases patent would issue in the name of " the heirs " of deceased, or in the name of his devisee(*). A deserted wife cannot content her Imsbaiul's entry for abandonment while the marriage remains legally validj»). A married woman can become entitled to crcillt on a homestead fur her husband's military services during the late war. Where a deceased homestead claimant left a wife from whom he had been separated l)y written articles of agreement, such widow is the proper party to make final proof, notwilh- slandini' the fact that the deceased claiitiant willed all his estate, both real and personal, to his biother('). Where a patent, erroneously issued to a deceased person, has been recorded in the county records, the legal representatives must release all their right and title to the land before the General Land Office can is-ue another patent in the name of the widow(e). Aliens who have not declareil their intentions to l^ecome citizens of the United States can- not, as heirs, perfect title to homesteads(''). The General Land OSce can recognize a nuncupative will only after It has been duly pro- bated and accepted by the proper court('). In case the homestead party died, and his widow was convicted of his murder by poison, for which she is now imprisoned in the penitentiary, pursuant to law, although under a death sentence, the administrator of the tleceased party should make the final proof, and the patent be issued in the name of his minor chlldren('i). Where a homesteader is prevented from making final proof by reason of being confined In tlie penitentiary, a legally appointed person may make sucii proof, and if found satisfactory, the patent will issue in the name of the party so deprived of his liberty^). A woman divorced from her husband is legally dead, and if there was an infant living whi.n the homesteader died, the right shall inure for the child's benefit, notwithstanding a will devis- ing the land to the claimant's mother, who resides thereon^'j. A Receiver of a land office is entitled to make final proof on a homestead entry matle by him prior to his appointment. A Receiver of a land oiHce, who has made final proof upon a homestead entry made by (») John Dillon, Copp'.s Public Liuid Lnws, p. 245. (b) John L. Gray, Land Oivncr, Vol.6, p. 153. ("J liislriiciiou^, LiiriU Owns?-, Vol. 3, p. 70. (") A. F. Hubbcil, Copp's Public Laud Laws, p. 246. (o; Keziah Card, Land Owner, Vol. 2, p. 50, (^J John Khoades, Land Otvncr, Vol. 5, p. 117. (K) Aiuirew Johannesen, Land Oitiner. Vol. 4, p, 108. (b) J. U. Soreuger, Land Owner, Vol. 2, p. 57. fi) Elizabeth Lampson, Land Oivner.yuX. 3, p. 178. (J) Laud OITice Instructions, Land Owner, Vol. 3, p. 179. (itj E. Strickland, Land Owner, Vol. 2, p. 82. (ij G. ^^. Law, Land Owner, Vol. 6, p. .190. THE AMERICAN SETTLER'S GUIDE. 39 him prior to his appoinunent as Receiver, may make an additional entry under the provisions of the act of June 8, i872(''). A contest for abandonment of an additional entry made under the act of June 8, 1872, will not be entertained (lb). Th^possession of an executor or administrator is, under the homestead law, the possession of the heirs or devisee, subject to the right of administration vested in the officer, and time allowed by the court for the settlement of the estate must be counted for the heirs or devisee in making final proofC). Mary Latt made a homestead entry, then married J. M. Johnson and died, leaving no heirs except Johnson. He was allowed to make final proof, and patent issued in name of Mary Johnson, formerly Mary Latt(°) . The granting of letters of administration will be regarded as sufficient evidence of death. Unexplained absence for two months is liot sufficient evidence of death to warrant issue of patent to the heirsCj. e. ABANDONMENT. At any time after six months from entry and before the expiration of the required five vears of residence, if it is proved to the satisfaction of the Land Department that the settler has changed his residence or abandoned the land embraced in his entry for more than six months at any time, such entry vvin be canceled and the land revert to the government. A home- stead claimant elected to a public office which compels him to leave his land to discharge its ) George Hornick, Copp's Public Land La\vs, p. 253. (c) Alex. McICiver, Land Oiumr, Vnl. .;, p. 148. ('*) Weber wj. Gourley, Land Owner, Vol. 3, p. 19. («) Jones vs. Roberts, Copp's Public Land Law.-;, p. 251. (f) Hanson vs. Geiger, Land 07vner. Vol. 4, p. 146. (e) Andrew Johannesen, Land Owner, Vol. 4, p. 108. (h) John Nunan, Land Owner, Vol. i, p. 34. 42 THE AMERICAN SETTLER'S GUIDE. Should it appear upon a proper showing ihat swamp land to which a Slate is eniiiled has been embraced in a homestead entry, said entry will be canceled, and the parly may make another entry, with the first payments to his credit{i6). An administrator or guardian cannot relinqiiisli the homestead entry of a deceased person without authority from the Probate Court('') . The administrator of the estate of a party who died intestate sliould not lie allowed to relin- quish the homestead entry, but a relinquishment to be accepted must be made by each and every one of the heirsC"). The following instructions were issued by the General Land OOice, relative to deceased claimants whose representatives desired to relinquish the unperfecled entries : In case of George H. Hudson, reported in Copp's Zanti O'cuner, Vol. 2, p. 99, the deceased left no widow, nor any children ; he died testate, naming William H. Hudson his execiiior, and one Mary Emily Hudson, an unmarri ed woman' of full age, his sole legatee, and the • original duplicate receipt cannot be found. The cancellation desired will be made upon the written relinquishment of the legatee (which should describe the land by its proper numbers, and specify date and number of ihe entry,) accompanied by an affidavit which may be made either by the legatee or the execulor, setting forth the loss of the duplicate Receiver's receipt. Proof must accompany the relinquishment establishing the fact that Iliidsou, ihe deceased, left no widow or minor children, and that Mary Emily Hudson is the sole legatee, and the identical person named in the will. This may be done by furnishing a duly attested copy of the will under the seal of the proper court, together with the certificate under seal of the judge or clerk having probale jurisdiction, as to the identity of the person of the legatee, and the fact that no widow or minor children survive. If the records of the Probate Court do not evidence the identily of the kgaiee or ihe fact of non-survivor, then these facts may be established by the affidavit of the legatee, corrobor- ated by the affidavits of any two witnesses who may have cognizance of the facts. In case of Achille Savoie, reported in Copp's Land Owner, Vol. 4, p. 51, the papers sein up show the appointment of Monnier as administrator of the "succession of Achille Savoie, deceased," and the loss of the duplicate homestead receipt. The party to the homestead entry stated in his homestead affidavit tliat he was " the head of a family." Ifihe left a widow, a relinquishment to be accepted must be executeil by her. If the party left no widow, but left an infant child or children, the entry may be relin(|uished by the administrator, executor or guardian by order of the Probate Court having jiirisdiclion, in which case it should be clearly shown that no widow was left, and that the relinquishment is made by such order. If he left no widow or infant child, the relinquishment may be made by the party or parlies recognized by the local court as the sole and only legal representative or represenl.itives of the deceased, in which case a certificate to that effect by said court should be forwarded with the relinquishment duly executed(°). II. Soldiers' and Sailors' Homesteads. a. ORIGINAL ENTRIES. The Revised Statutes of the United States granting homesteads to soldiers and sailors, iheir widows and orphan children, are the following : Section 2304. Every private .soldier and officer who has served In the Army of the United States during the recent rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the government, including the lioops mustered into ihe service of the (a)Snsan W. Circiir, Land Owner, Vol. 2, p. 99. (b) General Land OHfice Instructions, Land Owner, Vol. 5, p. 165. ■ (0)806 Cinthya Gibson, Land Owner, Vol. 3, p. 114, and Susan W. Carter, L not otherwise reserved or appropriated, and otiier lands subject to entry under the Homestead Laws of the United States; but such homestead settler shall be allowed six months after localing his homestead, and filing his declaratory statement, within which to make his entry and commence his settlement and improvement. Section 2305. The time which the homestead settler has served in the Army, Navy, or Marine Corps, shall be deducted from the time heretofore required to perfect title; or if dis- charged on account of wounds received or disability incurred in the line of duty, then the term of enlistment shall be deducted from .the time heretofore required to perfect title, without reference to the length of time he may have served; but no patent shall issue to any home- stead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Section 2307. In case of the death of any person who would be entitled to a homestead under the provisions of section twenty three hundred and four, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvement therein contained ; but if such person died during his lerin of enlistment, the whole term of his enlistment shall be deducted from the time heretofore required to perfect tlie title. The advantages this law presents over the general homestead law are: I. The privilege of filing a declaration with the Register and Receiver, which will hold a tract, selected in person or by an agent,. for six months without entry, residence or cultivation. 2. The right of mak- ing final proof before the end of the usual five years. Except where the claimant wishes to sell his land, the latter privilege is a disadvantage, because as soon as title passes from the United States to an individual, the real estate becomes subject to taxation. Soldiers and sailors will observe the important requirement of at least one year''s actual bona fide residence and ctdtivation of the homestead, and not be deceived by parties who solicit the privilege of locat- ing Iiomesteads in their names at considerable expense, when there is no prospect of settling upon the land selected. ft HOW TO PROCEED. The following proof will be required of parties applying for the benefits of sections 2304, 2305, and 2307, in addition to the prescribed affidavit of the applicant given below. 1. Certified copy of certificate of discharge, showing when the party enlisted and when he was discharged ; or the affidavit of two respectable, disinterested witnesses, corroborative of the allegations contained in the prescribed affidavit, on these points, or, if neither can be pro- cured, the party's affidavit to that effect. 2. In case of widows, the prescribed evidence of military service of the husband, as above, with affidavit of widowhood, giving the date of the husband's death. 3. In case of minor orphan children, in addition to the prescribed evidence of military service of the father, proof of death or marriage of the mother. Evidence of death may be the testimony of two witnesses, or certificate of a physician duly attested. Evidence of mar- riage may be a certified copy of marriage certificate, or of the record of same, or testimony of two witnesses to the marriage ceremony. The Register and Receiver will be allowed to charge one dollar each for receiving and filing the initiatory declaration of the parties in cases where such declarations are filed. One 44 THE AMERICAN SETTLER'S GUIDE. dollar and fifty cents each will be charged by Registers and Receivers in California, etc., as shown in a previous table of fees and commissions. On the party producing the proper proof as above, immediate entry of the tract desired may be made; but if the party so elect, he may file a declaration, to the effect that he claims a specified tract of land as his homestead, and that he takes it for actual settlement and culti- vation. Thereafter, at any time within six months from the date of filing, the party may come forward, make his entry of the land, and commence his settlement and improvement. Should the party present his declaration through an agent, a duly executed powei' of attorney from the principal must be presented, who will be bound by the selection his agent may make, the same as though made by himself. Where the party has failed to make entry within six months from the date of filing, he is not thereby debarred from making entry of the tract filed for, unless some adverse right has intervened; and if so, he may enter some other tract that is still vacant. He cannot file a second declaration. The claims of widows and minor orphan children mtiy be initiated by declaration, as above. Minor orphan children can act only by their duly appointed guardians, who must file certified copies of the powers of guarclianship. TJie law does not require, as a condition to enjoying its benefits, that the party should first file a declaratory statement, and, as before stated, immediate entry may be made. The forms used in these entries are as follows : DECLARATION. No. Land Office at — , {Date) , i8— . I, '-• — , do hereby declare and give notice that I claim for a homestead, under section 2304 of the Revised Statutes of the United States, granting homesteads to honorably discharged soldiers and sailors, their widows and orphans^ the of section , of township , of range .containing acres; and I further declare that I take the said tract of land for actual settlement and cultivation, and for my own use and benefit. .. Pa , his Attorney in fact. APPLICATION. Land Office at , {Date) - I, , hereby apply to enter, under section 2304 of the Revised Statutes of the United States, th?; of section , of township , of range , containing acres, and for which 1 filed my declaration on the day of , , through , my duly-appointed .^gent. I, .Register of the land office at — — — , do hereby certify that filed the above application at this office on the day of , . and thtit he has taken the oath and paid the fees and commissions prescribed by law. — , Register. AFriDAVIT. No. . Land Office at , {Date) , iS— . I, , of , do solemnly swear that I am a , of the age of twenty-one years, and a citizen of the United States ; that I served for ninety days in company , regiment, United States vol- unteers ; that I was mustered into the United States military service the day of , , and wiis honorably discharged therefrom on the dny of , ; that I have since borne true allegiance to the Government ; and that I have made my application No. , to enter a tnict of land under section 2304 of the Revised Statutes of the United States, giving homesteads to honorably discharged soldiers afid sailors, their widows and orphan children; that I have made said application in good faith ; and that 1 take said homestead for the purpose of actual settlement and cultivation, and for my own exclusive use and benefit, and for the use and benefit of no other person or persons whomsoever- and that I have not heretofore acquired a title to a tract of land under the homestead laws, or voluntarily relin) J. J. Thomas, Laud Owner, Vol. 5, p. 147. (c) Joseph Alsip, Land Owner, Vol. 4, p. 179. (•1) Charles Radamacker, Copp's Public Land Laws, p, 280. (e) J. W. Hays, Land Owner, Vol. 3, p. 21. (f) J. Atkinson, Land O'iner, Vol. 1, p. 35. (b) Miles Schoolcraft, Land Owner, Vol. 2, p. 99. (h) W. C. Gleason, Land Owner, Vol,6, p. 106. (') White vs. LafFerry, Copp's Public Land Laws, p. 280. THE AMERICAN SETTLER'S GUIDE. 49 ant, giving the particulars of the alleged destruction or serious injury of crops by grass- hoppers, and the affidavits of two or more witnesses corroborative thereof, and should be submitted at time of making final proof through the Register and Receiver of the proper district land office. The particulars given should be such as to admit of a decision whether the absence was justified by law or not. and should of course indicate at what time the party left the land, and when he resumed his settlement. Written notice of intended alisence, signed by the party, should be filed with the Register and Receiver when he leaves his claim, and be noted on the tract-books; this for the pro- tection of tlie claimant, and as notice to those who might otherwise make settlement and attempt to ob-tain title. ' ■ Claimants desiring the extension of time provided for in the second section of the act may apply therefor through the same officers, the application to be supported by the same character of proof. Tlie affidavits required in cases under this act, as before indicated, may be made before any officer using a seal and authorized to adminster oaths, or before the Reg- ister or Receiver of the district land office. Acts of May 14, 1880, and June 15, 1880. An Act for the relief of se'.tlers on public lands. Be it enacted, etc.-, That when a pre-emption, homestead, or timber-culture claimant shall file a written relinquishment of his claim in the local land office, the land covered by such claim shall be held as open to settlement and entry without further action on the part of the Commi'-- sioner of the General Land Office. Sec. 2. In all cases where any person has contested, paid the land office fees, and procured the cancellation of any pre emption, homestead, or timber-culture entry, lie shall be notified b^ the Register of the land office of the district in which such land is situated of ^uch cancellation, and shall be allowed thirty days from date of such notice to enter said lands : Provided, That said Register shall be entitled tQ a fee of one dollar for the giving of such notice, to be paid by the contestant, and not to be reported. Sec. 3. That any settler who has settled, or who shall hereafter settle, on any of the public lands of the United States, whether surveyed or unsurveyed, with the intention of claiming the same under the homestead laws, shall be allowed the same time to file his homestead applica- tion and perfjsct his origin.il entry in the United States Land Office, a< is now allowed to settlers under the pre-emption laws to put their claims on record, and his right shall relate back to the date of settlement, the same as if be had settled under the pre-emption law. Approved May 14, 1880. An Act for the relief of settlers on public lands. [Section I relates wholly to relief of parties trespassing on timber lands prior to March I, 1879.] Sec. 2. That persons who have heretofore under any of the homestead laws entered lands properly subject to such entry, or per.-i0ns to ^\■hdm the right of those having so entered for homesteads may have been attempted to be transferred by bofiafide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as a part payment of said price : Provided, This shall in no wise interfere with the rights or claims of others wdio may have subsequently entered such lands under the homestead laws. Sec. 3. That the price of lands now suliject to entry which were raised to two dollars and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty-one, by reason of the grant of alternate sections for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre. Sec. 4. This act shall not apoly to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespass committed 4 00 THE AMERICAN SETTLER'S G'JIDE. or material taken from any of the public lands after March fir^t, eighteen hundred and seventy- nine, shall be entitled to the benefit thereof. Approved June 15, 1 880. INSTRUCTIONS UNDER ACT OF JUNE 15, 1880. Under the second section, duly qualified persons who prior to June 15, l88o. entered, under' any of the homestead laws, lands properly subject to such entry, are permitted to obtain title by paying the Government price, less the fee and commissions pnid at date of original entry. In allowing entries of this class, proof will be required tliat tlie party was twenty-one years of age, was a citizen or had declared his intention to become a citizen of the Unitjd .States, and was in other respects entitled to make the entry. When homestead entries, made prior to June 15, 1880, have been attempted to be transferred by bona fide in.-.trunient in writing, the persons to whom such transfers wire made are author- ized to obtain title by like payments, and with like deduction of fee^ and commissions, as in the case of original homestead parties. ri'he instrument in writing by which it was sought to transfer the homs.^tead right must be filed, together with the liest evidence attainable of the honafidi: character of tlie transfer, in- cluding the affidavit of the party who seeks to purchase. Satisfactory proof must be subitiitted that tlie attemjited transfer was made prior to June 15. 1880. No entry will be allowed under the second section when the original liomestead entry was not a valid entry; nor when an entry under the homestead laws shall have been made on the same land subsequent to the original entry; nor if the land was emljracod in a prior valid entry '. at the date of such original homestead entry ; n'or where adverse leg.xl rlglits of any character exist at the date of the application or purchase. Applications to purchase under the second section \y\\\ be made as in ordinary cash entry, and must be accompanied Ijy the Receiver's duplicate homestead receipt ; or, if that has been lost or destroyed, by an affidavit setting forth such fact, and giving the Register's and Receiver's number, and the date of the original homestead entry. It must also be slated in the application that ihe same is made under the second section of the act of June 15, 1880. Where the duplicate receipt has been lost or destroyed, and the application to purchase is made by the original homestead party, the applicant must make oath that \m. has not transferred nor attempted to transfer his homestead rights under said entry, nor assigned his right to receive the repayment of the fees, commissions, and excess payments paid thereon. In each case of an entry under the second section, the Register will certify to the Receiver the amount to be allowed as credit for fees, commissions, and excesses alre.\dy paid: the appli- cant first making oath that said fees, commissions, and excess payments have not been repaid, and that no application for such repayment has been made. ' . Final homestead proof not being required in these cases, no advertisement or notice of inten- tion to make final proof is necessary, and no final homestead fees are to be paid or collected. Warrants and scrip made receivable by law for lands subject lo sale at private entry, or in commutation of humestea4 or pre-emption rights, and certificates of deposit on account of sur- veys, will be deemed receivable for lands purchased under the act of June 15, 1880. The existing rule must, however, be observed, that where the value of warrants or scrip ex- ceeds that of the land entered therewith, no repayment is authorized, but the warrant or scrip applied must be fully surrendered. In such case, there would be no claim for repayment on account of the fees and commissions paid on the original homestead entry. The third section reduces 10 one dollar and twenty-five cents per acre, the price of any lands which were subject to ordinary private entry at two dollars and fifty cents per acre at tlie dale of the approval of the act, having been doubled in price by reason of the grant of alternate sections for railroad purposes, and which were put in market at that price prior to the 1st of January, 1861. Lands which have not been put in market for sale at ordinary private entry at two dollars and fifty cents per acre, or which were so put in market subsequent to the 1st of January, 1 86 1, are not changed in price by this section. By reference to official records, it THE AMERICAN SETTLER'S GUIDE. ' 51 will be in any one's power to ascertain the facts in regard to any lancij from which to decide as to the applicability of the rule to such lands. None of the provisions of this act apply to mineral lands, and no person is entitled to the benefit of any provision of the entire act who falls within the inhiijitiun named in this section. RULINGS. The district land officers are instructed not to accept or act upon any relinquishment, unless made before them, which has not been duly subscribed bythj claimant on the baclt of his du- plicate receipt, and acknowledged, witnessed, and executed in the manner requisite under the laws of the State or Territory in which the land is situated for the valid transft:r of real estate. In case of the loss of the duplicate receipt, an affidavit of such loss must accompany the written relinquishment^. When a relinquishment is filed before the final disponire, Land Ownur , Vol. 8, p. 56. ^«) L. M. Wirt. Land Oivndr, Vol. 7, p. 25. t'; Eda Carnochan, Land u-wner, Vol. 8, p. 121. 54 THE AMERICAN SETTLER'S GUIDE. ADDITIONAL RULINGS UNDER THE GENERAL HOMEaTEAU LAWS. Wheix- lands have been surveyed, and there is no withdrawal for military purposes, a tem- porary occupation of the land as a military encampment does not subject the same to the exclu- sive control of the Secretary of War. It is stdl subject to occupation as public landsCJ. A married woman under the age of twenty-one years, who i= the child of a deceased person, qualified, if living, to make " a soldier's homestead," is a minor orphan child, within the mean- ing of section 2307, R. S.Cj Parties who yield to the unlawful and unauthorized demands of the Receiver for money, dj so at their peril, and the government will not make good their loases. A public officer can bind the government only so far as the law provides. All parties are presumed to know the law, and the scope o(>a public officer's agency(°}. Section 2290 Revised Statutes does not refer to a technical half-quarter section when it pro- vides for a fee of Jf 5 for a homestead entry of " not more than 8o acres ; " the fee is ;^io where a half-quarter section contains 82.09 acresj''^. The t.;rra " quartc^r-section " is used to designate a cert.iin legal subdivision of the public land ascertained by official survey. It generally contains just l6o acres, but through the unavui lai.l,' inaccuracy of surveys in adjusting meridians, elc , if often exceeds or falls below that amount. It is still, however, the technical legal quarti;r section defined by law and ascertained by official survey. .A. homestead stttler may enter 160 acres in legal subdivisions lying contiguous to each other without r.jference to the qu.irlei-section lines, or lie may ei.t.r a technical ciuarter-s.-*ction as such, in which case he can take the amount of land contained therein, as shown by the official survey. In entering a '"quartLr-scction," he cannot depart from the ascejtainetl lines, but niu>t take one hundred and sixty acres, more or less, as the case may be. In an entiy of one hundred and sixty acres, as nearly as may be, composed of fractional lots bounded by irregular lints, as in case of entry along creeks and the lilvC, or from an entry embracing subdivi..ions of different quarter- sections, an applicant may eLct between any of the fractional subdivisions, and approximate his entry to 160 acres witliout forfeiting any righU'j, An entry made under the homest-ad law is not illegal when, by mistake, tlie dwelling liouse is erected upon a different tVact from that enteredl'j No improvement and settlc:ment made by contestee, after initiation of d contest against hi: entry; shall accrue lo his benefit, or act to defeat the vested rights of a contestant and ap|)li- cant^e). In a case a hearing ordered in the usual manner will not develop the truth where perjury of witnesses in making final homestead proof has been alleged, the local officers may make j.er- sonal in luiryC). A party having made a homestead entry failed to cultivate the land, and sold his tract to a woman, who, on the p'ea of being an innocent purchaser for valuable ccnsideration, applied to have a patent issued 10 her for said entry: y/^'/,/, that the applicant cannot be cou.'.ulered an innocent purchaser without notice; that the homestead right is made dependent upon the per- formance of certain conditions, and purchasers are bound to know the law, and examine tlie titles they buy('). A homestead claimant may relinquish part of his entry without assigning any reason for such action, and may commute part of his claim before or after cancellation of the. remaining por- tion (J). Stock raising and dairy production are so akin to agricultural pursuits, that in grazing coun- tries proof of settlement and use of the land for such purposes is satisfactory compliance witli ■the homestead l.iw(''j. The county judge or clerk of court must transmit to the Register and Receiver the homestead proof and pre-emption affidavit taken before said judge or cl_erk|!). fa) luBtruclioiiR, Land Owner, Vol. 8, p. 73. {^) Maria J. Sluart, Land Owner, Vol, 7, p. 148. X*!) H. O. Hotlgcs, Land Owner, Vol. 7, p. 150. \'^) Reuben Decker, Laud Owner, Vol. 6, p. 193. (e) Peder O. Aannid, Land Owner, Vol 7, p. 103, (rj Plnlormaii Higgins, La'rd Oii'iier, Vol. 7, p. 179. (B) Instructions, Land Owner, Vol. 7, p, 39. ('') J. C. Tremper, Land Owner, Vol. 6, p. 153, (S; M;ir;^aret Kiss..cl<, Land Owner, Vol. 6, p. 189. (J) J. L. Gray, Land Owner, Vol. 6, p. 153, i^) 1', \V. Luii.ng, Land Owner, Vol. 7, p. 135. (') Instruction.^, Land Owner, Vol. 8, p. 55. THE AMERICAN SETTLER'S GUIDE. 55 Homestead claimants on timber land are liable to prosecution for removing and selling tim- ber before final proof is niade(»). Final affidavit should be made by one ol the heirs in case of death of claimant(''). In case of a deceased claimant who had not resided upon or cultivated the land embraced in his enlry, the heir or 'devisee, though not required to reside upon, must cultivate and improve the tract, or the entry may be contested for abandonjiient(°). Section 2291 does' not provide for the issue of patent even to heirs or devisees, imless they are citizens of the United States. In case of unknown heirs there can be no certainty on this point. It may happen, under an allegation that the residence of the heirs is unknown, that there may be, in fact, no lieirs, and consequently no representative of tlie homestead settler. Therefore, leaving out of consideration the question of the power of an administrator to make the required proof in homestead cases, which is not by any means clear under the law, it must be apparent that a patent to '■ the heirs," without proof of their identity and qualifications, was not contem- plated; otherwise the requirement of citizenship would not have been insertedC^). 'Ihe " Heme Guards" of the State of Missouri are not entitled to make additional homestead entries under section 2306 R. S.[°) A soldier while serving in the Army cannot acquire title to land as a homestead until his term service expires! 'j. Notwithstanding a soldier did not live to serve ninety days, his widow will be allowed to apply the term of his enlistment under section 2307 R. S.(8) The claimant's affidavit that he has not made a prior homestead filing or homestead entry should accompany his declaratory statement!''). Q^) Miles Borden, Land Owfitr, Vol. 8, p. 92. {^) Lucind.-i HiII, Land Owner, Vol. 8. p. 90. (0) Stewiirt vx. Jacobs, Land Chvner, Vol. 7, p. 135. (d) Suspended Entries. Land Owner, Vol. 7, p. 91. (e) Wilson Miller, Land Otuner, Vol, 6, p. 190. (f) Charles Harris, Land Owner ,Vo\. 6. p. 190. (k) Juslis E Casey, Lmd Owner, Vol. 6, p. 172. ]^) H.mniljal G- Johnson, Land Owner, Vol. 8, p. 7, CHAPTER IV. PRE-EMPTIONS. I. Pre-emption Claims. The principal difference between the Jiora^steacl and the pre-emplion privilege is: i. Tlial beyond the siiiall fees and commi.->sions to the Registers and Receivers, iiotliing is paid for the land homesteaded, wliereas ;?i.25 or ^2.50 per acre in money or its equivalent must be paid for the land pre empted. Kormerly the liomestead right commenced froir dateof enliy at the local land office, while the pre-emption right was initiated liy settlement on land.s suliject thereto. But by .Act of Ccngress ot May 14, 1880 (see la>t chapter), a homestead claim is allowed to 'relate back to dale of .settlement, like a pre-emption cl.iini. The principal resemblances are : I . Tliat certain time is allowt <1 after the first papers are filed in the bnd o.lice within which final proof must l-.e made. 2.- Resi.lmce and cultivation and improvements are necessary to secure title. 3. Settlemei.t may be made on un.surveyed land. pormerly the homestead tight could att.tcli only to surveyed land. In this respect it then differed from the pre-emption right. At present there is no such difference between the two kinds of claims. Pre-emptions are admissible to the extent of one-quarter section or one hundred and sixty acres of " offered " and " unoffered," " minimum " and " double-minimum "(^) lands, and upon any of the nnsurveyed lands belonging to the United States to which the Indian title is extin- guished, altliough in the case of unsurveyed lands no definite proceedings can be had as to completion of title until after the surveys are extended and officially returned to the district land office. Where the tract is "offered" land, the party must file with the district land officers his declara- toiy statement as to the fact of his settlement within thirty i/uys from the date of said settlement, form below, and within one year from date of settlement must appear before the Register and Receiver and make proof of his actual residence on, and cultivation of, the tract, and secure the 5ame by paying cash, or locating thereon military bounty-land warrants, or agricultural-college or other scrip, according to law\ DECLARATORY STATEMENT EOR CASF.S WHERE THE LAND CLAIMED tS SUHJECT TO PRIVA'l'E ENTRY. I, ■ , of , being , have, since the first day of . A. D., 18 — , settled and improved the — quarter of section No. , in township No. , of range No. , in the district of lands subject to sale at the land oflice at , and containing acres, which land limi been rendered siiltject to prhiat^ entry prior to my settlement thereon ; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under section 2259 of the Revised Statutes of the United States. Given under my hand this day of , A. D., i8 — . In presence of- Where the tract has been surveyed and not offered at public sale, the claimant must file his declaratory statement within three months from date of settlement, and make proof and payment within thirty months after the expiration of the three inonths allowed for filing his declaratory notice, or, in other words, within thirty-three months from date of settlement. Where settlements are made on unsurveyed lands, settlers arc required, within three months after the date of the receipt at the district land office of the approved plat of the township embracing their claims, to file their declaratory statement with the Register of the proper lantl office, as in cases of unoffered land above, and thereafter to make proof and payment for the ("*) These four terms were explained in the first chapter. (5«) THE AMERICAN SETTLER'S GUIDE. 57 tract within thirty months from the expiration of said three months. The'Iocal officers usually publish a notice when the plat is filed. When two or more settlers on unsurveyed land are found upon survey to be residing upon, or to have valuable improvements upon, the same smallest legal subdivision, they may make joint entry of such tract, and separate entries of the residue of their claims. This joint entry may be made in pursuance of contract between the parties, or without it. DECLARATORY STATEMENT FOR CASES WHERE THE LAND IS NOT SUHJECr TO PRIVATE ENTRY. I, , of ", being , have, on the day of , A, D., i8— , settled and improved the quarter of section No. ^, in township No. , of range No. , in the district of lands subiect to sale' at the land ofTice at , and containing acres, which land has not yet been offered at pnblic sale, and thus rendered subject to private entry ; and I do hereby declare my intention to claim the said tract of land as a pre-emption right under section 2259 of the Revised Statutes of the United States. Given tinder my hand this day of — , .A.. D., 18 — In presence of ■ . II. WHO ARE QUALIl'IED PRE-EMrTORS. The pre-emption privilege is restricted to heads of families, widows, or .single persons over the age of twenty-one, who are citizens of the United States, or v,lio have declared their inten- tion to become citizens, as required by tlie naturalization laws. This does not include Indians, sxcept such as have ceased their tribal relations and been declared citizens by treaties or acts of Congress. Those are excluded who own three hundred and twenty acres of land, who have left agricul- tural land of tlieir own Ciiot a ;ovvn lot) in the same State or Territory, and those who intend to settle for the purpose of speculation iii.stettd of ctiltivation and residence.* If a single woman marry after filing her declaratory statement, she abandons her right as a pre-emptorC). Under the pre-emption laws, the "head of a family" means the actual living head of a family. A deserted wife or one whose husband is a confirmed drunkard may be the head of a family(''). A inarried woman who has miitor children and has been abandoned without cause by her husband and left to support and maintain herself and children, is the head of a family, and en- titled to pre-empt in her own name{°). A party's declarations of being a naturalized citizen or having declared his iiiiL-ntions to be- come a citizen are not competent evidence, though his declarations that he is not a citizen are competent(*). A party cannot hold public land as a tenant for a claimant untler the pre-emption law(°j. i. SETTLEMENT AND FILING. From the moment a claimant enters tipon land suliject to pre-emption Avith the intention of remaining and entering the land according to law, and does some act showing such intention, he is a settlerC"). Such act inay consist in erecting a hottse, clearing timber, building fences, etc. Having mide a settlement, his next step towards securing title is the filing of his declaratory statement within the time specified, or he will be liable to lose his claim. The pendency of a contest between two pre-emption claimants does not exclude pi"e-einptioiT settlement and filing. They may be made subject to the decision in, the contest pending(s). The filing of a decl.iratory >ta^ement before settlement is a ntillity. A settler may file a secudd ti.:c].traiory statetnjnt for the same tract(^). A settlei can make but one legal filing under the pre-emption la-,vs('j. But one pre-emption rt;;ht is exten.led to the settler, and only one declaratory statement can be legally filed by the sanii p.\rty(J). {^) Ellen Allanson, Cnpp's Public L.ind l,.iws. p. 287. {•*) VV.i Iceman zrs. Biadley, Litnd OiiJiidr^ Vol. 2, p. 1(12. (=) Sarah E R. Hazilrig.;, Copp'> Public Land Laws, p. 286. (ttj Wnlker's Heirs vs. Cihfnina, Copp's Public L.md Liws, p. 287, (ej Dill.i vs. Bohall, J. and Owiinr, Vol. 4, p. idi. ^) .\llin.in z's. Tnulon, Gopp's Public Land Law.', p. fi0o, (BJ Schafer vs Sclieibcl ci ill., Copp's J*urjlic L.md Laws, p. 292. (h; Wm. L. Pniltps, Ltmd Oiun^'r, Vol. S, p. 139. (') Maria Stevens, Lcind OiV'tL'r, Vol. 4, p. 39. (j) Minor 7/s. Briggs, Land O'ujner, Vol. 4, p. 69. '^Austrian vs. Hogan, Lund Oivner, Vol. 6, p. 172. 58 THE AMERICAN SETTLER'S GUIDE. Section 2261, Revised Statutes, forbids second filings wliere the first is legal. Local ofiicers are directed to allow no second or amended filings without first submitting the facts to the Commissioner of the General Land Office, and after receiving formal autliority for such action(''). A declaratory statement can be amended only in case of mistake or misdescriptionC). To allow a second filing by one who knew his firet filing was illegal, and who claims to he . benefited by the illegality of his first filing, would be allowing a party to take advantage of his own wrong, and encourage others to wrong-doing, by removing die penalty thereforCJ. A second filing is allowed in case of a minor, a bona fide settler, on becoming of age, as an amendment, to correspond with the facts of his legal settlement, provided there is no advcnie claimC). Where a party filed on land not habitable for agiicultural purposes, but which was clearly swamp land, a second filing will be allowed on land properly agricultural in characterC). In case it satisfactorily appears that a pre-emption settler has made an error in his declqiratoi-y statement, so that a tract he has improved has been excluded therefrom, he is allowed to amend his declaratory statement so as to include said tract, subject to an adverse claim('). A pre-emptor who has misdescribed the land embracing his residence and improvements, is allowed to amend, unless by his own laches, negligence or declarations, he has barred his right in favor of an adverse interest(8). A widow who, by mistake, filed a declaratory statement in her own name, instead of for "the heirs,'' will be allowed, on a proper showing, to amend her filing. Such mistake does nol operate to defeat the rights of the heirs under the pre-emption lawsf""]. - A declaratory statement on file in the proper oflice is notice to the world of tlie location and extent of a pre-emption claim ; and no subsequent amendment, except for error or mistake, can operate to defeat a right initiated prior to such amendment('). A party whose application to file a declaratory statement is rejected has a right to appeal. His failure to do so will conclude any right he may have had to the land claimed at the time of such refusal('). All rights of pre-emption existing in any person upon land in a township offered at public sale are extinguished on the day appointed for the commencement of the sales, if not asserted prior to the date of sale, and no rights can descend to heirs based upon settlement prior thereto. Land designated as 'mineral, but actually agricultural in' character, is only sul>ject to pre- emption after its segregation from the mineral lands by the Secretary of the Interior(''). After land has been proclaimed, no filing can be received until after the offering — froviiiid the land still remains unsold. A party settled on unsurveyed land. Wlien a certain township was surveyed, a part of his claim was found therein, the balance being in an adjoining unsurveyed township. The settlei filed for the portion of his claim which was surveye 1, and gave notice that he claimed land in the adjoining unsurveyed townshiix The time within which, by law, he was required to prove up his claim was about to expire, and the other township had not been surveyed} it was held by the Land Department that after the other township should be surveyed, and the plat thereof returned, the settler should be allowed the usual time within which to file his declaratory state- ment and prove up and pay for his entire claim('). A jjre-emption settler on unsurveyed lands is not bound to file his declaratory statement until after an approved .survey has been made which .shall enaljle him to describe the land claimed bv proper legal sub-divisions. Where part only of his claim has been surveyed, he is not bound to (a) D. C. Brownell, Lnnti Owner, Vol, 4, p. 41. (li) D. A. Snyder, Land Owner, Vol. 2, p. 116. (c) French vs. Tatro, Land Ownur, Vol. 3, p. 166. (•!) Ibid. (0) F. L. Goings, Land Owner, Vol. 4, p. 117. (f) Instructions, Land Owner, Vol. 5, p. 148. {K)JefF. Newconib, Land Owner, Vol. 2, p. 162. (h) Elizabeth Luce, iMnd OivHer, Vol. 1, p. i8o. (1) University of Gala. vs. Block, Copp's Public Land Laws, p. 322. (J) Brown vs. White, Gopp's Public Land L'lws, p. 298, (It) Tong vs. Hall et al.. Land Owner, Vol. 3, p. j. (') \Vm. McHenry, Copp's Public Laud Lawb, p. 295 THE AMERICAN SETTLER'S GUIDE. 5fl file until after tlie entire tract claimed has been surveyed and plat thereof returned to the local ofEce(*). A party who filed on an eighty-acre tract, cannot be allowed to file for an eighty-acre tract adjoining upon the cancellation of a homestead entry thereonC"). Land covered by a homestead is subject to a pre-emption claim initiated prior to the homestead, and filing should be received within the legal period after settlement(°). The local land officers have no authority to receive applications to file or enter land which is in a state of reservation, and hold them until the reservation is removed, and then place them on record, in order to advance the interests or accommodate any individual^). Where' land has been reserved and then released from such reservation, the rule is to give notice by publication when the land will become subject to appropriation. A pre-emptor who has been living on such land will have preference over a pre-emptor who makes settlement on the day the land becomes subject to appropriation, other things being equals). A settler who in good faith is residing on a tract of land covered by a homestead entry at the date of the cancellation of said entry, has a superior right to said tract, if he file under the pre- emption law in time, to a person who merely makes a homestead entry on the land the day the prior entry is canceled('). Where a pre-emptor tenders his declaratory statement for a tract of land before another pre- emptor has fully completed his entry, by making payment for the same tract, the declaratory statement should be received and the party allowed a regular hearing before the local ofificsrs(e) . The cancellation of a filing upon ex parte affidavits is error(2i^). Land, when once appropriated under the Homestead Law, is thereafter removed from pre- emption settlement and homestead entry, and can only be again subject to them by a cancellation of the homestead entry in the manner prescribed by law. Such cancellation becomes effective at the date of the receipt of the order therefor at the local ofiice(''). ■ Lands covered by unexpired homestead filings, may be filed upon under the pre-emption laws subject to the homestead filings('). A party cannot file under the pre-emption and the homestead law at the same time. C. RESIDENCE AND IMPROVEMENTS. The sufficiency of residence and improvements is a question of fact to be decided from the circumstances of each case. The good faith of every claimant must be clearly proven. Where a party is very poor, a dug-out in the side of a hill or a sod house is a satisfactory place, of abode, and four pre-emptors may combine to erect a house on the corner common to their claims, but each pre-emptor must reside in his own part of the house(J). Should one ot them be unmarried, he may board in the family of a married pre-emptor. A public officer may, during the term of his office, actually reside at the capital or other place required by law for him to reside, without losing his legal residence^'). Wlrere it can be shown that -such public officer in good faith intended to appropriate certain premises under the pre-emption law, and that after residing thereon for several years he left for temporary purposes only, retaining actual possession of the land during such absence, he cannot be said to have abandoned either the premises or his claim under the pre-emption lawsC). Should a claimant settle late in the autumn in a cold climate, or severe' droughts or other good cause prevent extensive cultivation, or lack of means seriously interfere, few improve- ments and little cultivation woyld be required by the Land Department. (") P.. A Roundtree, Copp'.s Public Land Laws, p. 296. ('')DanieI Ashton, I^nd Owners Vol. 4, p. 117. {cl Kelsker vs. Johnson et at., Copp's Public Land Laws, p. 319. (d) McKee vs. Walther et at.. Land Owner-, Vol. 5, p. 84. (e)'rimmons 7'j. Gleason, Land Owner, Vol. 3, p. 71. (0 Born vs. demons et at.. Land Owner, Vol. 1, p. 67. (B) Conroy vs. Phillips et at., Copp's Public Land Laws, p. 297, (h)Cry.stal vs. Dahl, Eno vs. McDonald. Copp's Public Land Laws, p. 316. (I J Instructions, Land Owner, Vol. i, p. 163. (J) "Wright z-j. Wood, Copp's Public Land Laws, p. 304. (t) "Benson vs. iWestern Pacilic R. R. Co., Copp's Public Land Laws, p. 412. '60 THE AMERICAN SETTLER'S GUIDE. d. PROOF AND PAYMENT. Within the time specified on page 6l, proof of compliance with the law and payment of tlie money due. 61" its equivalents in warrant or scrip, must be made. Published notice mu'^t be given and proof thereof presented as in homestead cases. The afHd.ivit required may he ma^ie now before the clerk of the county court, while the evidence of witnesses may be taken before any officer authorized to administer oaths(*). AKKIUAVIT REQUIRliU OK PRE-EMPTION CLAIMANT. I^ , cla,imiiig the right of pre-emption, under section 2259 of the Revised Statutes of the United States, to the — of ^ectiun No. , of township No. , of range No. , subject to sale at , do solemnly that 1 have never had the benefit of any right of pre-emption under said section ; that I am not the owner of three hundred and twenty acrts of land in any State or Te.r lury of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit ; and that 1 have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whomsoever, by which the title which 1 may acquire from the Government of the United States should inure, in whole or in part, to the benefit of any person except myself. I J of the land office at , do' hereby certify that the above affidavit was subscribed and sworn to before me this day of -■ , A. D., 18 — . PRE-EMPTION PROOF. TESTIMONY OF CLAIMANT, .^ being called as a witness in own behalf in support of pre-emption claim to the , testifier as follows : . . ,, , ,, , ■ ^ . . , , Ones. I, What is your name? (Be careful to give it in fuh, correctly spelled, m order that it may be here wriitenexactly as you wish it written in the patent which you desire to obtain.) Ans. (^ues. 2. What is your age? Ques, 3. Are you the head of a family, or a single person ; and, if the I}ead of a family, of whom does your family consist? ' Ans, . Ques. 4. Are you a native-born citizen of the United States? If not, have you declared your intention to become a citizen, and have you obtained a certificate of naturalization(bJ ? Ans. : — . Ques. 5. Is the land embraced in your pre-emption claim, above described, mcluded within the limits of an incorporated town ? or has it been selected as th;; site of a city or town, and actually settled and occupied for purposes of trade and business? Ans. . Qucs. 6. Are there any indications of ccal. salines, or minerals of any kind on this land? (If so, state what they are, and whether the springs or mineral deposits are valuable.) Ans. . Ques. 7. Is the land more valuable for agricultural than mineral purposes? Ans. ■. Ques. 8. What is your post-ofTice address? Ans. : Ques. 9. Are you the owner of three hundred and twenty acres of land in any State or Territory ? Ans. , Ques. 10. Have you left or abandoned a residence on land of your own in this to reside upon the land above described? Ans. , Ques. II. Have you ever filed a pre-emption declaratory statement for other land than tliat above described? (If MO, give, as nearly as you can, the date thereof and description of the land.) Ans. . Ques, 12. Have you heictofore made a pre-emption entry? ' An-i. , Ques. 13. Have you settled upon and improved the land for which you now apply to sell the same on Speculation ? Ans, . Ques. 14. Have you given any mortgage on this land, and have you made any agreement to sell the same? Ans. -. Ques. 15. When did you make settlement on the land, and what constituted your first act of settlement? Ans. — - — . Ques. 16. What improvements, if any, were on the land at date of your settlen.ijni? (If any, state who owned them, and whether they now belong to you.) Ans. . Que;. 17 What improvements have you made on this land subsequent to your first act of settlement? (De- scribe cliem and state the total value of the improvements owned by you thereon.) Ans. Ques. 18. When did you first establish your residence upon the land? Ans. . Ques. 19. Have you resided upon the land ever since? Ans. . Ques. 20. What use have you made of the land? Ans. — — . (a) Act of June 9, 1880. Land Owner, Vol. 7, p 58. \'^} In ca.'se the parry has been nnturaliziid, or has only declared his intention to become a citizen, a certified copy of his certificate of naturalization or declaration of intention, as the case may be, must be furnished. THE AMERICAN SETTLER'S GUIDE. 61 1 Ques. 21, How much of the land, if any, has been broken and cultivated since your settlement ? Ans. , I HEREBY CERTIFY that cach question and answer in the foregoing testimony was read to the cLaiinant before ■ • signed name thereto, and that the same was subscribed and sworn to before me this ■ day of - " , 1 8 — . Note. — The officer before whom the testimony is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and state to him that it Is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law : Title LXX.— CRIMES.— Ch. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any, case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, de- pose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oatli states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years, and shall, moreover, thereafter, be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. [See g 1750.J PRE-EMPTION PROOF. TESTIMONY OF WITNESS. (The testimony of two witnesses, in this form, taken separately, required in each case.) -, being called as a witness in support of the preemption claim of ■ to the , testi- fies as follows : Ques. I. What Js your post-oihce address? Ans. . Ques. 2. What is your occupation? Ans. . Ques. 3, Are you well acquainted with .the claimant in this case, and how long have you known ? Ans. . Ques. 4. How old do you know or believe claimant to be ? Ans. . Ques. 5. Is claimant the head of a family, or a single per-ion ; and, if the head of a family, of whom does the family consist? Ans. . Ques. 6. Is claimant a native-born citizen of the United States? (If.not, state, if you can, what steps lias taken to become naturalized.) Ans. , Ques. 7. Are you acquainted with the land above described? Ans. . Ques. 8. Do you live in the vicinity of the land ? \ Ans. . Ques. Q. Is this land within the limits of an incorporated town, or has it been selected as the site of a city or town and actually settled and occupied for purposes of trade and business ? Ans. . Ques". 10. Are there any indications of coal, salines, or minerals of any kind on this land? If so, state what they are, and whether the springs or mineral deposits are valuable. Ans. . Ques. II. Is the land more valuable for agricultural than mineral purposes? Ans. . Ques. 12. Is the claimant the owner of 320 acres of land in any State or Territory? (State your knowledge in this regard.) Ans. -. Ques. 13. Has the claimant left or abandoned a residence on land of own in this to reside upon the land above described? (State your knowledge in this regard.) Ans. . Ques. 14. Has claimant ever filed a pre-emption declaratory statement for other land than that above de- scribed, or has heretofore made a pre-emption entry? (State your knowledge in this regard.) Ans. Ques. 15. Do you know whether the claimant has given any mortgage on this land, or made any agreement to sell the same ? (State your knowledge in this regard.) Ans. . Ques. 16. When did claimant first make settlement on the land, and what constituted his first act of settle- • ment? Ans. • Ques. 17. What improvements does the claimant possess on the land, and what is the value of the same? Ans. . Ques. 18. When did claimant first establish a residence upon the land? Ans. . Ques, ig. Has claimant resided upon the land continuously ever since? Ans, . Ques. 20. For what purpose has rhe land been used by claimant? Ans. . Ques. 21 How much of the said land, if any, has been broken and cultivated since the claimant made settle- ment thereon? Ans. . Ques. 22. Is it your belief that has acted in good faith in the settlement and improvement of the said land under the pre-emption laws? Have you :iny knowledge to the contrary? Ans. . G2 THE AMERICAN SETTLER'S GUIDE. Qiies, 23, Are yoli interested in t>iis claim ? Ans. . I HEKEUY CERTIFY that wittiess is a person of respectability ; tliat each tiuestion and answer in the foreeoins testimony was read to — — before signed ^^-^ name thereto ; and that the same was subscribed and sworn to before me this day of , 18 — . Note. — The officer before whom the testimony is taken should call the attention of the witness to the follow- ing section of the Revised Statutes, and state ty hiip that it is the purpose of the Government, if it be ascertained that he testifies falsely, to prosecute him to the full extent of the law. TiTl.R LXX.— CRIMES.— Ch. 4. Sec. 5392. Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that lie will testify, declnre, depose, or certify truly, or that anv written testimony, declaration, deposition, or certificaie hy him subscribed is true, wilfully and contrary to such oath states or subscribes any material matter which he does not believe lo lie true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard laboj, not more than five years, and shall, moreover, thereafter, be incapable of givinw testimony in any court of tiie United States until such tinie.a.s the judgment against him is reversed. [See'g 17,^0.] The Register and Receiver will thereupon issue the final papers, giving the claimant a dupli- cate of the Receiver's receipt for the nioney paid. The patent will be i.ssued in due course and sent to the local land ofifice for delivery, unless otherwise directed by the claimant, as described in Chapter I. When two or more seltlere on u'nsurveyecl land are found upon survey to be residing upon, or lo have valuable improvements upon, the same smallest legal subdivision, that is, a forty-acre tract or a lot, they may make joint entry of such tract, and separate entries of the balance of their claims. This joint entry may be made in pursuance of contract between the parties, or with- out it. At any time after three months after the township plat is filed in the local office, a party who wishes a speedy adjustment of his claim may liring contest against adverse claimants by filing his affidavit and making provision for the expenses of tht contest before the Register and Receiver. The hearing may be adjourned for distance or other good cause, and the testimony may be taken on a commission issued to any officer authorized to administer oaths. When the joint enti^ is made in pursuance of contract, the contract .should he made first, and the filing and entry thereafter be made in pursuance thereof, by one party for all concerned. This contract must be in writing signed liy all parties thereto, attested by two disinterested witnesses, and .acknowledged bef re some officer authorized to take acknowledgments of deeds within and for the State where the land is situated. The character and authority of the officer must be verified by the seal of a court of record. Proof of occupation by settlement, residence and improvement by each and every party to the contract, must be made. The entry of ^ an inconsiderable excess over one hundred and sixty acres will be permitted when the tract, is bounded Ijy regular quarter-section lines of survey. The pre-emption affidavit will be modified by inserting after the word " whomsoever," the %Vords, " save under Section 2274 of the Revised Statutes of the United States, and as specified in the contract herewith submitted in pui-ssance thereof." No one who settled after survey was made can be a party to a joint entry, though where a party succeeds by purchase to the rights of one of two settlers before survey where there is a recognized division of land, such tract may be entered by the two settlei's jointlyC). The established rule for awarding entries where two or more bona fide pre-emjition claimants are found JDy the Government survey with conflicting or over-lapping claims, is : 1. Joint entries for the adjustment of coterminuous boundaries. 2. Entries by legal subdivisions to include principal improvements. 3. Entry by the prior settler. Such entries to be allowed as ec[uity and justice may reciuireC"). Should the settler die before establishing his claim within the period limited by law, the title may be perfected by the executor, administrator, or one of the heirs, by making the requisite proof of settlement and paying for the land; the entry to be made in the name of "the heirs" of the deceased settler; and the patent will be issued accordingly. The legal representatives {^) Vennigerholtz vs> McKennon, Umd Owner, Vol. 6, p. 154. C'J Powell vs. Beatty. Land Owner, Vol. 2, p. 115. THE AMERICAN SETTLER'S GUIDE. 63 of the deceased pre-emptor are entitled to make the entry at any time within the period during which the preremptor would have been entitled to do so had he lived. The executor, administrator, or one of the heirs, has the absolute right to complete the neces- sary proceedings for acquisition o'f title in case of a deceased pre-emption claimant(*). The Land Department does- not .inquire if there are any heirs; but if there are any, it casts tlie title distributively upon each by including him in the general provision (""j. RULINOS. Where, from the nature of th« land entered under the pre-emption law, it would appear that the claimant has selected it for speculative purposes' rather than for purposes of improvement and cultivation, the evidence of good faith and occupation should be of die most satisfactory character^}. ^ An unljwful occupant cannot prevent the legal settlement of a f^ualified pre-emptor on public lands. A pre emptor may pay for part of his claini and ab.indon the balance(*). 'Ihe possibility of one party tuUnig the im|-.r.)veni-..nts of another is recognized as within the cont^:n'.p!ation of the pre emption eiiactment-'(°). I'arties who apply to make entry of lands under the provisions of the pre-emption laws, should be required to show by affidavit or otherwise that they have not made a I'revious filing(^). The even sections along the route of the railroad granted by act of July i, 1S62, and the acts amendatory thereof, must be sold for not less than §2.50 per acre(5). A pre-emptor who settled prior to withdrawal for railroads, may enter his land at the minimum price at any time prior to the initiation of an adverse right by another settler(''). Where a pre-emptor makes final proof and payment and certificate for patent issued, such certificate may be assigned to a bona fide purchaser for value, who will be protected in his purchase. The good faith of the purchaser must be established by the facts in the case beyond question; but when so established, his rights cannot be invalidated by showing that his grantor failed to comply with the law('). A party who purchases land without examination or inquiry, cannot be considered an innocent purchaser, especially when he fails to offer testimony showing his own good faith and that of his grantors, at an investigation ordered for that purpose(J). Irregidarities in the pre-emption proceedings may be overbalanced in view of ignorance and good faith, but a certificate issued to a pre-emptor on a sworn statement of alleged facts \^■hich never existed, is void(;7;). Where a party settles as a pre-emptor upon land subject to such settlement, and in due time ofifei-s to make proof and payment at the proper land ofiice, his right will not be prejudiced by the. wrongful refusal of the local officer to receive such proof and payment, and lie will not be obliged to remain thereafter upon the land he claimsC). A party who went upon land reserved under a railroad grant, with assurance from the com- pany tliat he could purchase it of them, was not wrongfully upon the land, when the Department decided that it was not included within the reservation to the company, and had ordered the same restored to settlement. Wlrere a pre-emptor is living upon and cultivating such tract of land, no specific act is neces- sary to constitute a new settlement after the restoration thereof to marlcet;'). No general or inflexible rule can be laid dovim in cases where parties who are residing upon land at date of cancellation of homestead entries, seek to enter the tracts embraced therein. It is simply a question of good faith, anrl each caie must be considered upon its own merits("'). (a) John Redington, Land Oivner, Vol. 2, p. 19. (b) Ibid. (■=) Cople.v vs. Reil, Land Owner, Voi. 5, p. 166. \^) ]D. A. Malone, Copp's Public Land Laws, p. 311. (■=) Marks vs. Bray, Land Oii'Uer, Vol. 8, p. 139. (.O GladfeUer vs. Wren, Land Owner, Vol. 4, p. 42. (b) Patrick Cla.sby"^^ «/.. Land Owner .Voi. 4, p. 84. ('•) Er.i.scus Kiinbidl, Copp's Public Land Laws, p. 295. (') Hensley vs. Ayers, Land Owner, Vol. 3, p. 53, t}] Moraii and Cady, Land Owner, Vol' 3, p. 4. (•(J Farley vs. Gleeson, La7id Owner, Vol 3, p. 38. {}} Peterson vs. KilclieU', Land Owner, Vol. 2, p. 181. (■"J Porter vs. Johnson, Land Owner, Vol. j, p. 37. 64 THE AMERICAN SETTLER'S GUIDE No specific act of settlement, after restoration of the land, is required of a settler whose every- day life can be considered a compliance with the law. But ■ such settler cannot embrace in his claim land not in his possession on which are the improyements of another who, like himself, has settled without the protection of law. A homestead entry made on the day of restoration, of a tract not in the possession of tlie pre- emptor, is a legal appropriation of the land as soon as it is subject to entry("). The land to which a claimant may have a right of possession, although for some vaUd reason riot the actual possession, must be land to which he can assert a valid claim under the pre- emption law. ■ . A trespass upon the public lands will not be sustained under the decision in Atherton 71s. Fowler ; nor will the claim of a person who is qualified and has complied with law be subjecl to defeat in favor of an unlawful occupanL(^) Where a party has made settlement and filing, and is thereafter sentenced to the penitentiary for a period which will expire after the time in which proof and payment should be made, such proof and payment may be made by a guardian or trustee^). e. SALE AND FORFEITURE. Where an incomplete pre-emption claim is sold or abandoned, the right is forfeited, and where filing, proof and payment are not made as required, the claim is liable to forfeiture; but a sale should not be held to work a forfeiture unless it is voluntary, and made while the party is in possession of his mental facultiesC). A written Contract for the sale of growing trees which the purchaser was to cut and remove as soon as the vendor obtained patent is a contract prohibited by the pre-emption law(°). A homestead or pre-emption settler is permitted to cut trees upon his land, for building, fencing, repairs and firewood. Should there be no trees growing upon his land, he may cut trees growing upon tlie mountain slopes, but only for domestic uses. , A verbal sale when accompanied by delivery of the land forfeits the i)re-empCion right{'). Parole evidence is admissible to defeat a deed or written contract on the ground of illegal consideration, duress or fraud. A deed absolute on its facr aiay be shown to be a mortgage(s). Mortgages which have been released are no bar to the completion of a pre-emption claimC"). There is no forfeiture declared because of a failure on the part of a pre-emption settler to make proof and payment for unofTered l?nd within thirty months from the time when he should have filed liis declaratory statement — provided no adverse settler has made settlement on the land and complied with the law('). The question of ab.indonment is discussed at considerable length in Johnson 7>s. Graybill, Liinti 07vncr, Vol. 2, p. loo. II. Pre-emption Homesteads. When an individual has made settlement on a tract and filed his pre-emption declaration therefor, he may change his filing into a homestead, if he continues in good faith to comply with the pre-emption la-ws until the change is eflecled; the time during which the party has re- sided upon and claimed the land as a pre-emptor will be credited upon the period of residence and cultivation required under the homestead laws. In so doing he is required in his first homestead affidavit to set forth the fact of a previous pre-emption filing, the time of actual resi- dence lliereunder, and tlie intention to claim the lienefit of such time, hi making final proof on his homestead entry lie is required, in addition to the usual affidavit and proof, to make the "pre-emption homestead affidavit," below: («)Cr>rrigan vs. Ryan, Land O'.aner, Vol. 4, p. 42. (bj Marks vs. Bray, Land Owner, Vol. 8, p. 139. (o)J. T. Benson, Land Owner, Vol. 6, p. 108. (d) Catala vs. Austin ei ai., Copp's Public Land Laws, p, 313. (e) Webster vs. Sutherland, Copp's Public Land Laws, p. 312. Instructions, Land Oivner, Vol. 1, p. 163. (0 Hudsoupiller vs. Queen, Copp's Public Land Laws, p. 312. (g) Philip Wajdron, Copp's Public Land Laws, p. 313. (h) Shuster vs. Grady, et al.. Copp's Public Land Laws, p. 314. (') Shreves 7'S, Eaton, Land OinT/er, Vol. 3, p. 165. THE AMERICAN SETTLER'S GUIDE. gg PRE-EMPTION HOMESTEAD AFFIDAVIT. (To be used in making final proof in cases where pre-emption filings have been changed to homestead entries under the acts of March 3, 1877, and May 27, 1878.) I, , having changed my pre-emption declaratory statement No. , filed the day of ^ 18— , alleging setdement the day of ,18 — , for the section No. , in township No. , of range No. , to homestead entry original No. , district of lands subject to entry at , under the ac« of Congress approved March 3, 1877, and May 27, 1878, do solemnly swear that I have never had the benefit of any right of pre-emption under section 2259 of thfe Revised Statutes of the United States : that I have not hereto- fore filed a pre-emption declaratory statement for another tract of land : that I .was not the owner of three hun- dred and twenty acres of land in any State or Territory of the United States at any time during the above-meii- tioned period of settlement under the pre-emptioi. statutes ; that 1 did not remoye from my own land within the State of to make the settlement above referred to ; nor have I settled Uigoit'and improved said land to sell the same on speculation, but in good faith to appropriate it to my exclusive use or benefit; and that 1 did notf, during the period of pre-emption settlement above mentioned, directly or indirectly, make any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which 1 might actjuire from the Government of the United States would inure, in whole or in part, to the benefit of any person excej^ myself. , of the Land Office , do hereby certify that the above affidavit was subscribed and sworn to before me this day of , 18- A yerson in possession of a valid pre-emption claim may at any time commute it to a homer stead, and in so doing his right will relate back to the date of his settlement, to the exclu- sion of intervening adverse claimsC) Where a party did not change his jire-emption filing to a homestead entry, but voluntarily relinquished the same and made timber culture entry subsequent to the relinquishment of his pre-emption right, the claimant cannot be allowed the benefits of the act of May 27, 1878, in computing the five years' residence required from the date of settlement, as alleged in his re: linquished pre-emption filingC"). The right to transmute a pre-e:nption filing to a homestead entry is one belonging only to th^ party making the filing. Even in her own'name, acting independently of the pre-emption filing of her husband, a widow should not be allowed to make a homestead on land embraced in said filing, until it shall appear satisfactorily that the heirs do not intend to prove up. A widow cannot be considered an heir unless declared such by special law of the State(°). Where applications to tran.smute from pre-emption filings to homestead entries, though made prior to March 3, 1877, are not acted upon until after the approval of this act, such act is held to apply, and the time during which the parties complied with the pre-emption laws is applied on the homestead entry(^). There is nothing in the law of March 3, 1877, authorizing the pre-emptor to change his filing to a homestead entry with credit for the time he has resided on the land claimed, which requires his personal attendance at the local ofiice('). An application to transmute a pre-emption filing to a timber culture entry cannot be al- lowed ('). A qualified party may transmute his pre-emption filing to a homestead entry, as to the land not in dispute ; and where, as in this case, both parties settled prior to survey and have valuable improvements on one legal subdivision or lot, such lot may be entered jointly(e) LATE RULUJGS UNDER THE PRE-EMPTION LAWS. The " three months " time required within whicli pre-emption filings on unoffered land may be n.adc, is tkree calendar mcnths^ not ninety a'ays{^). The fact that a party Aneiu his first filing to have been invalid can make no difference. To exhaust his pre-emption right his lirst filing must have been valid. One whose first filing was invalid for any reason can make a second fil.ng entirely distinct from the first, which could neither give, nor take from him, any rigiits(*). In the absence of adverse rights, a party may file a second declaratory statement for the same tracts(J). (») Ross vs. Sinclair, Copp's Public Land Liiws, p. 318. (b) E. L. Crandall, Land Ovmer, Vol. 5, p. iBo. («J Sarah E, Cowen, Limd Ownsr^ Vol. 5, p. 167, (d) Chase z/.s. Buron,^/ at., Land Oiuner, Vol. 4, p. 84. (•J J. T. Farley, Land Owner, Vol. 5, p. 7. * {t} I. G Beam, Land Owner, Vol. 3, p. 179. ' (s; Yeackle vs. Han, Land Owner, Vol. 6, p. 108. (''J Coad vs. Fitcii, Land Owner, Vol. 6, p. 173. (1) French vs Tatro, Land Owner, Vol. 8, p. 150. (j) W. L. Phelps, Land Owner, Vol. 8, p. 139. 66 THE AMERICAN SETTLER'S GUIDE. A pre-emption filing is no bar to a subsequent filing or other entry by another person of the same tract. In the absence of an adverse claim of record, a pre-emption settler upon unoffered land may, after an absence, return to the land, and, if good faith is shown, make entry theieof. A stranger tathe record cannot content an unexpired pre-emption filing! »). Where the government alone is concerned, the land laws will be liberally construed, but where adverse rights are involved, strict construction of the statute will be maintained, A pre-emption filing made prior to the date of alleged settlement, is not in accordance with the preemption law^"). Where the pre-emptor's affidavit is taken before the clerk of a court of record, a reasonably time for transmission thereof should be allowed prior to eniryC). The fact that the declaratory statement of a pre-emption settler, although received by the local officers within the prescribed time, is not ncordeU by them until the. expiration of thirty days, does not invalidate his claim, the proof of receipt being sufficient. The, fact that a settler under the pre-emption law inadvertently built his house one hundred feet from his claim, is not an evidence of bad faith, if he, upon discovering his mistake, erects a dwelling within the boundaries of his claimi''). The claim of a pre-emptor is not rendered invalid by his allowing another to live with him, and work the crops with him, with an equal interest in same, provided the settlement was made for the purpose of acquiring title for his own use and benerit(^j; The inhibition of the pre-emption law, that a person sliall not remove from his own land in the same state or territory to reside on the public landj applies to a person who removes from a tract of forty acres located within the limits of a town, and the former ruling of the oflice, re- garding the removal from a town lot, to tliat extent modified. Parties of record who failed to appear at the hearing after due notice, decided to have for- feited their rights('). Where a party has filed his pre-emption declaratory statement, he does not necessaiily aixindon his pre-emption claim by filing for the same tract a soldier's homestead declaratory Matemcnti«). A pre-emptor is bound by the filing upon which he goes to trial, and if it does nut include the land resided upon, it is fatal to his claim. He cannot amend(''). A pre-emption settler has the legal right to relinquish his entry witliout the consent or signa- natuje of his wiFe('). The rule of tlie Gtneral Land Office, requiring six nionllis' residence prior to entry, .is an evidence of good faith on the part of the pre-emptor, should not be applied to everv case indi.-.- criminately, especially where the character an>) Wood vs. Porter, L^nd Owner, Vol. 7, p. i^. (•) Haimiim vs. Linton, Land Owner, Vo\. 6, p. 173. (d) Califa. vs. Alari, Land Owner, Vol. 8, p. 1 ^o. (•) Stuart vs. Pentland, Land Owner, Vol. 7, p. 180, (f) Gaberel vs. Guerne, Land Owner, Vol. 7, j a" (l) Vennegerholtz z/j. McKennon, Land Owner, Vol. 6, p. 154. 68 THE AMERICAN SETTLER'S GUIDE. Such purchasers may be heard ex rel., to maintain the validity of the entries embracing the lands purchased, but for no other purpose. Patents should not issue to assignees in any cases except where t1ie right of assignees to take patents in their own names is recognized by express statutory provisions('). (») Whitaker vs. Souchern P. R. R. Co., Land Owner^ Vol, 7, p. 85, CHAPTER V. TIMBER CULTURE. The object of the timber culture law is to promote the growth of timber by providing a method of acquiring title to public lands on condition that timber shall be grown thereon to an . extent and for a period of time therein specified. The wisdom of this law is seen in the increased annual rainfall in regions heretofore subject to frequent droughts. a. WHO MAY APPLY AND FOR WHAT KIND OF LAND. Any person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws of the United States, may make a timber culture entry without regard to how much land he already owns. A single woman, duly qualified, who has made an entiy under the timber culture act, and subseijuently marries, is not thereby debarred from acquiring title t(f the landC). Registers and Receivers, and their clerks and employees, and all persons intimately or confi- ■ dentially connected with such officers or employees, are prohibited from making entries of the public lands at the offices with which they are connected(''). Not more than one hundred and sixtv acres in any one section can be entered, and no person can make more than one entry. The rulings of the General Land Office restricting entries under the timber culture laws to " technical quarter sections," have been so far modified as to permit entries of parts of a section in a compact body, not to exceed one hundred and sixty acres(°). A few scattering willows and stumps will not characterize land as timber within the meaning of the timber culture actC). A few trees or bushes do not characterize the land upon which they are found, as timber land within the meaning of the statuteC). Land through which passes a stream of water, upon the banks of which is a growth of "scrub' timber, is subject to entry under the timber culture laws('). An eighty acre tract upon which trees are growing, many of them more than five inches in diameter, is not subject to entry under the timber culture laws(e). Where a party applies to enter under the timber culture laws, land which appeai-s upon the township plat as already, timbered, and is informed that he must disprove such apparent charac- ter, this application reserves the mentioned tracts for a reasonable time from further disposition to any other claimant(''). Land covered by ah invalid State selection may be entered under the provisions of the timber culture act if otherwise subject thereto('). Prairie lands, or lands not prairie but naturally devoid of timber, are subject'to the operation of the limber culture laws(J). (»)G. M. King, Land Owner, Vol. 2, p. 39. (1*) State of Nebraska vs. Dorrington ei al.. Land Owner, Vol, 3, p. 122. (0) Frederick Bran, Land Owner, Vol 3, p. 172. (d)Adam Windolph, Land Owner, Vol. i, p. 92. (0) W, E. Fo-snat, Copp's Public Land Laws, p. 653. O Lampson vs. Dunham, Copp's Public Land Laws, p. 655. (g) Linden vs. Gray, Land Owner, Vol. 3, p. 181, (IJ) Lamb vs. Reeser, Land Owner, Vol. 3, p. 73. (i) State of Nebraska vs. Dorrington et at., 'Land Owner, Vol. 3, p. 122. (J) Luce and Porter, Land Owner, Vol. 3, p. 71, (69) 70 THE AMERICAN SETTLER'S GUIDE. b, APPLICATION, ENTRY AND PROOF. The application to enter is in the following fonn : Applicati in No. — ^, I, '— , hereby apply to enter, under the provisions of the act of June 14, 1878, entitled "An Act to amend an act entitled *An Act to encourage the growth of timber on the Western Prairies/ " the ' of section , in township — , of range ., containing acrRS. Land Office at , {Date) , 18—. , Register of the land office, do hereby certify that the above application is for the class of lands'which the applicant is legally entitled to enter under the provisions of the timber culture act of June 14, 1878,; that there is no prior valid adverse riglit to the same, and that the land therein, described, together with the lands heretofore entered under this act and the acts of which this is amendatory in the said section, does no( exceed one-quarter thereof. , Register. ' This must be accompanied by the following affidavit, which may be made before the Register or the Receiver, or the clerk of some court of record, or officer authorized to administer oaths, actually within the district where the land is situated. AFFIDAVIT. Land Office at , innate) , i&— , 1^ , having filed my application No. , for an entry under the provisions of an act entitled "An Act to amend an act entitled 'An Act to encourage the growth of timber on the Western Prairies,' " ap- proved June 14, 1878, do solemnly that I am the head of a f:imily [or over twenty-one years of age], and a citizen of the United States [or nave declared my intention to become such] ; that the section of land specified in my said application is composed exclusively of prairie lands, or other lands devoid of timber; that this filing and entry is made for the cultivation of timljer, and for my own exclusive use and benefit; that I have made the said application in good faith, and not for the purpose of speculation, or directly or indirectly for the use or benefit of any other person or persons whomsoever ; that I intend to hold and cultivate the land, and to fiilly comply with the provisions of this said act ; and that I have not heretofore made an entry under this act, or the acts of which this is amendatory. Sworn to and subscribed before me this - day of ■--, 18 — . Whereupon the Receiver will issue his receipt for the money received by him, giving the ap plicant a duplicate thereof: Receiver's Receipt, 1 J Application, No. . ■ ]■ 1 No . Receiver's Office , {Date's . 18—. Received of 1 the snm of dollars cents, being the amount of fee and compensation of Register and Receiver for the entry of of section , in township , of range , under the first sec- tion of the act of Congress approved Juni* 14, 1878, entitled, "An Act to amend an act entitled 'An Act to en- courage the growth of timber on the Western Prairies.' '' J , , Receiver, The fees for entries are ^10 if the tract applied for is more than eighty acres ; and $5 if it is eighty acres or lefes; and the commissions of Registers and Receivers on all entries (irrespective of area) are $4 {$2. to each) at the date of entry, and a like sum at the date of final proof. No distinction is made, as to area or the amount of fee and commissions, between minimum and double-minimum lands. A party may enter one hundred and sixty acres of either on pay- ment of the prescribed fee and commissions. Entries may be made of subdivisions of different quartera of the same section ; provided that each entry shall form a compact body, not exceeding one hundred and sixty acres, and that not more than that quantity shall be entered in any one section. The fifth section of the act approved March 3, 1857, entitled "An Act in addition to an act to punish crimes against the United States, and for other purposes," is extended to all oaths, affirmations, and affidavits required or authorized by the timber culture law. Nd land acquired under the provisions of this law will in any event become liable to the sat- isfaction of any debt or debts contracted prior to the issuing of the final certificate therefor. The affidavit required of applicants must be made at the time the application is filed, except when made before an officer authorized to use an official seal, when a reasonable time should be allowed for transmission to the local land office(*). . Tlie filing of the application and affidavit, with payment of fees, are essential prerequisites to (») Hiram Campbell, Land Owner, Vol, 5, p. 21. THE AMERICAN SETTLER'S GUIDE. 71 the allowance of a timber culture entry, and he who first complies with the conditions obtains priority of right. A prior verbal application, unaccompanied by ilie writt-jl) application, etc , gives no preference right, as it is not the duly of the local officers to prepare the necessary paper.-iC). An application was rejected because the affidavit upon which it was based was executed whil^ iinother timber culture entry covered the land in question^). A qualified party may relinquish a timber culuue entry of eighty acres, and thereafter may enter the same under the act of March 3, 1879, as an addi;ional entry to his original entry, as described in this caseC). A timber-culture, settler may relinquish a portion of the land embraced in his entiy, and hold the remainder(*). There is no provision of law for a second timber culture entry('). ' An application to transmute a pre-emption filing to a timber culture entry cannot be allowedC).' In the case of the death of a party having made a timber culture entry, who leaves a widow and heirs, his rights under the entry go to the heirs and not to the widow, contraiy to the rulef which prevails in similar cases arising under the homestead laws(s). The terra " legal representatives," as used in the timber culture act, does not include a party acting under a power of attorney. The heire or legal representatives of a deceased party, who had made a timber culture entry; may continue the cultivation of the trees, and on compliance with the law will receive a patent for the landC"). But in case the trees are not cultivated by the heirs, the enti-y will be liable to cancellation. A prior pre-emption settlement will defeat a timber culture entry('). A pre-emptor's right to land attaches from date of settlement, and a timber culture claimant's' from date of entry at the local office. Where a pre-emptor has falsely alleged that he settled prior to the date of the timber culture entry, two courses may lie puriiued by the timber culture claimant to protect his rights. 1. He may wait until the jDre-emptor proves up, when the actual date of settlement inay be shown, or(J) 2. He may present to the local officei-s his affidavit calling in question the alleged date of settlement, and asking that a hearing be ordered to determine the respective rights of the parties in interest(zi). A party cannot enter under the homestead law a part of the land embraced in his timber culture entry. He may relinquish his timber culture entry, in whole or in part; and upon can- cellation thereof, he may, if he is the first legal applicant, enter any part of the lar.-d as a homesteadC). The ratio of area required to be broken, planted, etc., is one-sixtecntli o( the land embraced in the entry, except where the entered tract is less than forty acres, in which ca.se it is one- sixteenth of forty acres. The party making an entry of a quarter section, or one hundred anc^ sixty acres, is required to break or plow five acres covered thereby during the first year, and five acres in addition during the second year. The five acres broken or plowed during the first year he is required to cultivate by i-aising a crop, or otherwise, during the second year, and to plant ' in timber, seeds, or cuttings, during the third year. The five acres broken or plowed during the second year he is required to cultivate by raising a crop, or otherwise, during the third year, and to plant in timber, seeds, or cuttings, during the fourth year. The tracts embraced in entries of a less quantity than one-quarter section are required to be broken or plowed, cultivated, and planted in trees, tree-seeds, or cuttings, during the same periods, and to the same extent, in prfa- portion to their total areas, as are provided for in entries of a quarter section. (tt) Daymude vs. McNeely, Land Owner, Vol. 3, p. 38. (li) John Key, Land Owner, Vol. 4. p. 134. (•) W. C. L.itimer. Land Owner, Vol. 8, p. 122. (1) O. A. Avery, Land Owner, Vol. 2, p. 133. (')G. L. Wood, Land Owner, Vol. 3, p. 73. (0 T. G. Beam, Land Owner, Vol. 3, p. 179. (e) Wm. Robertson, Land Owner, Vol. 4, p. 161. (!>) G. W. Kniss, Land Owner, Vol. 2, p. 117. (') W. T. Nicholas, I^nd Owner, Vol. 1, p. 92 (i) L. O. Straud, Land Owner, Vol. 3, p. 3. (1) H. La French, Land Owner, Vol. 4, p. 85. ra THE AMERICAN SETTLER'S' GUIDE. In case tlie trees, seeds, or cuttings, are destroyed by grasshoppers, or by extreme and unusual drouth, for any year or term of years, the time for planting such trees, seeds, or cuttings, is extended one year for every such year that they are so destroyed : Provided, the party before he or she becomes entitled to such extension of time, files with the -Register and the Receiver of the proper land office an affidavit, corroborated by two witnesses, setting forth the destruction o-f the trees, etc., and that, in consequence of such destruction, he or she is compelled to ask an extension of time. No final certificate shall be given, or patent issued, for the land entered, until the expiration of eight yeai-s from the date of entry; and if, at the expiration of such time, or at any time >vithin five years thereafter, the pei-son mailing the entry, or, if he or she be dead, his or her heirs or legal representatives, shall prove by two credible witnesses that he or she or they have planted, and, for not le«s than eight years, have cultii^ated and protected the required quantity and character of trees ; that not less than twenty-seven hundred trees were planted on each acre, and that at the time of making proof there shall be then growing at least six hundred and seventy- five living and thrifty trees to each acre, they shall be entitled to receive a patent for such tract of land. Parties who have already made entries under the timber-culture acts of March 3, 1873, and March 13, 1874, of which the act of June 14, 1S78, is amendatory, may complete the same by compliance with the requirements of the latter act ; that is, they may do so by showing, at the time of making their final proof, that they have had under cultivation, as required by the act of June 14, 1878, an amount of l,imber sufficient to make the number of acres required thereby, being one-fourth the number required by the former acts. It will be sufficient for this if the parties show that of the entire area embraced in their respective entries they have cultivated in timber for the period required by the act of 1878 an area not less than one-sixteenth part; and that they have then growing upon such cultivated area the prescribed number of " living and thrifty trees," vU., 6,750, where the entry is for i5o acres ; 3,375, where it is for 80 acres; and 1,588, where it is for 40 acres or less. The requirements of law pertaining to a timber culture entry of 120 acres are the same as for an entry of 160 acres, less one-fourth part, or as for an 80 acre tract and a 40 acre tractC). Parties' who have made timber-culture entries cannot commute by paying the government price per acre for the land. Full compliance with the law for the full time must be shown before- title can pass to the claimantsC"). . The timber culture laws in offering a^ land bounty for the production of timber on the western prairies had in view not fruit trees or shrubbery, or trees of subordinate importance, but the/ object was to encourage the growth of what are known as " timber ti-ees," comprising oak, ash, elm, and such other trees as are commonly used in ship and house building. The osage orange, although it attains a large growth in favorable localities, and is much used elsewhere for hedges, \p, wood being serviceable also for various purposes, is not of the class commonly used for building, to encourage the growth of which the bounty is offered, and hence its cultivation would not satisfy the legal requirements(°). The planting and cultivation in Southern California of the Eucalyptus, or Australian gum- tree, is a compliance with the timber-culture laws(*). The Cottonwood tree is included in the list of timber trees(°). Where a party made a timber culture entry of one hundred and sixty acres, and has done breaking and planting sufficient to comply with the law in case of an entry of eighty acres, he will be allowed to relinquish the half of his entry, and retain the part on which the trees planted - are situated('). The fact tliat a previous claimant had complied with the timber culture law in the matter of (») Dodge & Chace, Land Owner, Vol. 3, p. 72. (b) L. R. Moyer, Land Owner, Vol. -.i, p. 39. (n) J. M. Easter, Land Owner, Vol. 4, p. 162. Nicholas Noell, Lan-i Owner, Vol. 6, p. 112. (d) Amos Harris, Land Owner, Vol. 3, p. 71. (a; Instructions, Lani Owner, Vol. 6, p. 153. (0 W. D. Gould, Land Owner, Vol. 4, p. 85. THE , AMERICAN SETTLER'S GUIDE. 78 breaking and planting, does not excuse a subsequent party who makes entry of the same land from complying with the timber culture law(»). Where a party enters for timber culture land, which was formerly broken up and cultivated, he is not required to do the prescribed breaking on land not before broken, but he may go over the land formerly broken and again break it and prepare it for the reception of the trees, to the extent of area and in the periods prescribedC"). A strict compliance with the timber culture law in the matter of breaking, cultivating, etc., is required. Where timber culture improvements were on land prior to the entry thereof under the timber culture statutes, such improvements'must not be credited to the party making the entry(°). A party may elect to break the soil and plant the trees sooner than the timber culture act requiresC). A claimant has the right to select ut of the whole tract entered the particular part to be cul- tivated in timber(') Where a timber culture claimant dies, having failed to comply with the timber culture law, his heirs have no rights in the premises embraced in the entry, and the entry should be canceled upon a proper showing{'). C. CONTEST AND CANCELLATION. If, at any time after one year from the date of entry, and prior to the issue of n patent there- for, the claimant shall fail to comply with any of the above requirements, his entry will become liable to a contest in the manner provided in homestead cases, and upon due proof of such failure, the entry will be canceled, and the land become again subject to entry under the home- stead laws, or by some other person under the timber culture law. A contesting party may place his application ofi file in the local land office with his affidavit, initiating a contest against an entry already made, but whether such application , entitles such contestant to the privilege of making an entry depends upon the testimony at the trial, showii^. that the first party has not complied with the law. If the testimony does show non-compliance with the law, then, upon cancellation of the first entry, the contestant will be allowed to perfect an entry for himself(«). No preference right is granted the contestant unless his application accompanies his affidavit initiating the contest. An entry made by the preferred claimant under this act takes date from the time the applica- . tion and affidavit of contest are filed in the local officeC"). There is a provision of law to allow a party the preference right to enter land embraced, in a timber culture entry, who files a relinquishment of such entry^^J. See Act of May 14, 1880, P 49- Where a contest has been regularly initiated against a timber culture entry by a party who > filed his affidavit and application to enter, such party will have the preference right of entry, if the first entry is canceled on account of a relinquishment thereof('). Lands covered by a timber culture entry subsequently canceled may be entered under the pre- emption laws, though the preference right is always with the . homestead or timber culture claimant who successfully contests the former entry('i). The requisites of an affidavit for a continuance on the ground of absence of a witness, are that it shows, I. The name and residence of the witness and the materiality of his testimony ; 2. The exercise of proper diligence to procure the attendance of the witness; and 3. That the witness, can be had at the time to which it is sought to have the trial deferredC). The question of sufficiency of notice in contested land claims must be one of fact. Informa- ('^)M. G. Lee; Land Owner, Vol. 4, p. 85. (>>) D. D. Hoag, Land Owner, Vol. 4, p. 162. (•=) Gepner vs. Miller, Land Owner, Vol. 3, p i8a. (^} O. A. A. Gardner, Copp's Public Land Laws, p. 653. (e) Wilson vs. Simmons, Land Owner, Vol, 5, p. 87. (f) Haynes vs. Metcalfe, Land Owner, Vol. 4, p. 134. (s) I.saac Atkinson, Land Owner, Vol. 2, p. 180. fb) Sherman vs. Atkins, Latid Owner, Vol. 4, p. 21. 'V\ Barrett vs. Maybury, Land Owner, Vol. 4, p. 77, W. L. Burchar, Land Owner, Vol. 3, p. 72. (j) Tewksbiiry 7fs McPeck, Land Owner, Vol. 4, p. 54. (x) S. F. McKinney, Land Owner, Vol. 8, p. 6. (k) Wilson vs. Simmons, Land Owner, Vol. ^, p. 87. 74 THE AMERICAN SETTLER'S GUIDE. tion which makes it the duty of a party to make inqiliry, and shows where it may bfe effectually' made, is notice of all facts to which such inquiry might have led. But a" party thus put on inquiry is allowed a reasonable time to make it, befSre he is affected with noti6e(»). The contestant in a tinilier culture entry must defray the exjienses incident to the contest. A cross examination for the purpose of creating expense and delay should be arrested. Sufficiency of notice is a matter of factC). In contests in timber culture entries, the required affidavit must be filed and the published notice must be properly prepared(°). The expenses incident to timber culture and homestead contests must be defrayed by the con testants. Where rehearings are ordered by the General Land Office, an equitable artjustmenl of the expenses is allowed to be made by the local officers. (■») . In case a timber culture entry is abandoned, the land covered by .such entry is immediate^ subject to entry by another party under the timber culture or homestsad laws, bu the parly applying must give the prescribed notice and the adverse party be allowed a hearing, as in othai' contested cases("). A party cannot enter under the homestead law a part of the land embraced in his timber culture entry. He may relinquish his timber culture entry, in whole or in part; and upon cancellation thereof, -he may, if he is the first legal applicant, enter any part csf the land as a homestead('). There is a provision of law for the repayment of the fee and commissions paid on a timber culture entry. Or a new entry may be made with credit for the money paid on a canceled " entry.(e) See Act of June i6, 1880, p. 50-u. ADD^rIO^AL rulings. Unless land is naturally devoid of timber, it cannot be entered under the timber culture Law. Where the timber has been cut off, the land is not subject to such entry. If saplings or young timber trees are found growing on the land,' it cannot he entered for timber culture purposes^''). Because a tract was covered by a prior timber culture entry, is not evidence tliat the land is properly .subject to the timber culture laws. A party who makes oath that a certain tract is devoid of natural timber, should assure himself of such fact by per.ional examination, or take the consequences('). Where a scattering growth of timber trees (especially when less- than fifty in number), exists on the margin of a stream of water, the tract should be regarded as naturally devoid of timber(J). Where two parties apply simultaneously to contest a timber culture entry, neitiier having im- provements on the tract in question, both may be made parties to the contest, and may bid for the privilege of entering the land(''). In view of the act of May 14, 1S80, an affidavit accompanying an application to make timber culture entry is unobjectionable because the date of execution thereof is prior to a relinquishment of another entry on the same tract. Regard, however, must be had to the time within which it is received at the local office('). An excess not to exceed twenty acres may be allowed in timber culture entries, when, as in fractional sections, such entries appear unavoidable. Such excess must be paid for as in home- stead entries^"'). Instructions relative to timber culture entries must be strictly complied with. Breaking and planting can be done by an agent, but claimant is held responsible for failures so to do(°). The year within which the timber culture claimant must break five acres, does not expire until the end of the last day of the year. (See («) next page.) ("*) McCarter vs. Dunn, Lund Owner, Vol. 5, p. 21. (b) Iliifi. (0) McCarter vs. Dunn, Land Owner, Vol. 4, p. 76. (2.50 per acre, if constructed at date of payment. Any duly qualified person or association must be preferred as purchasers of those public lands on v/hich they have opened and improved, or shall open and improve, any coal mine or minpc inH whirh th'^v «hall have in actual Dossession. THE AMERICAN- SETTLER'S GUIDE. 83 Possession by agent is recognized as tlie possessioh of tlie principal. The clearest proof od the point of agency must, however, be required in every case, and a clearly-defiued posses- sion must be established. The opening and improving of a coal-mine, 'in order to confer a preference right of pur- chase, must not be considered as a mere matter of form; the labor expended and improve- ments made must be such as to clearly indicate the good faith of the claimant. These lands are intended to be sold, where there are adverse claimants therefor, to the party who, by substantial improvements, actual posseission, and a reasonable industry, shows an intention to continue his development of the mines in preference to those who would purchase for speculative purposes only.' In conflicting claims, where improvement has been xaaAt prior to March 3, 1873, if each party make Subsequent compliance with the law, the land will be awarded by I'gnl subdivi- sions, so as to secure to each as far as possible his valuable impi'ovements ; there beingno pro- vision in the act allowing a joint entry by parties claiming separate portions of the same legal subdivision. In conflicts, when improvements, etc., have been commenced subsequent to March 3, 1873, or shall be hereafter commenced, priority of possession and improvement shall govern the award when the law has been fully complied with' by each party. A mere possession, hovC- ever, without satisfactory improvements, will not secure the tract to Ihe first occupant when a subsequent claimant shows his full compliance with the law. After an entry has been allowed to one parly, no investigation will be had concerning it at the instance of any person, except on instructions from the General Land Office. All affi- davits will be received concerning such case, and forwarded to the General Land Office, ac- companied hy a statement of the facts as shown by the records. Prior to entry, it is competent for the local officers to order an investigation, on sufficient grounds, set fonh under oatli of a party in interest and substantiated by the affidavits of disin- terested and credible witnesses. Notice of contest, in every case where the same is practicable, must be made by reading it to the party to be cited, and liy leaving a copy with him. This notice must proceed from the local office, and be signed by the Register or Receiver. 'Where such personal service cannot be made by reason of the absence of the party, and because his whereabouts are unl;nown, a copy may be left at his residence, or, if this is unlinown by po.sting a copy in a conspicuous place on the tract in controversy, and by publication in a weeisee, Florida. O. H. Brewster New Orleans. Louisiana. Edward C. David Cheyenne, Wyoming. (ft) All parties who wish theirnames to appear in future editions of this work are requested to send them to the editor at once, \ THE AMERICAN SETTLER'S GUIDE. m UNITED STATES LAND OFFICES. Location . Register. Receiver. Huntsville John M, Cross. ...W, H Tancre. Montgomery Thos. J. Scott l^ J. Strobiich. ARKANSAS. Little Rock M. W. Gibbs Chas. E. Kelsey. Camden S. W. Mallory Alfred A. Tuffis. H;inison John Murphy A. C. PhiUipa. ijardanelle Thos. M. Gibson. Thos. Boles. ARIZONA. Prescott Wm. N. KcIiy....Geo. Lnunt. Florence .' Henry Cousins. ..Charles E. Dailey. CALIFORNIA. San Francisco Wm.R.Wheaton S.icramento Edw. F. Taylor. Marysville John C' Bradlev. Humbuldt Chas. F. Robert.s Susanville Wm. H. Crane., Stockton Geo.A.McKeiizit Los Angelen Chas.R Johnson Visalia J. D. Hyde Shasta Wm.E. Hopping, Bodie James E.Goodall, -C. H. ChamberUin. -Henry O. B^atty. X. T. Crane. .Solomon Cooper. .Andrew Miller. iOiis Perrin. .J. W, Haversiick. Tipton. Lindsev. AdoiphDubrowsky. .H. Z, O-ilionie. COLORADO. Pueblo MarkL. Blunt.. ..M. H. Fitch. Central City Richard H.-irvev..E W. Henderson. Denver City Louis Dugal....'...Sam'I T. Thomson Leadville S. J. H:mna Wm. K. Burchinell. Di:l Norte JohnCleghor'nJr.Chas. A, Brastow. Lake City H. C. Olney C. B. Hickman. D \KOTA. Watertown ArthurC.MelletteHenry R, Pense. Mitchell Wm. Letcher Hiram Bnrber, jr. FiirgQ Horace Austin. ...Thos, M. Pugh. Yankton G. A, Wetter Alex. Hughes, Bismarck Jno. A. Ri^a Edward M. Brown. Deadwood ;.Chas. M, Webb ..E. P. Champlin. Grand I'orks B. C. Tiffany W. J, Anderson, FLORIDA. Gainesville Louis A, Barnes. John F. Rollins. IDAHO, Boise City John B. Miller Malachi Kiebs. Lewiston J. M. Howe R. J.Monroe. Oxford A.UuddenhausenA. W. Eaton. IOWA, Ft. Des Moines. ..Felix G. Clarkc.H. H. Griffiths. KANSAS. Topeka .' W.H. FitzpatrickGeo, W, Watson. Srflina Jno. M. Hodge. . Lewis Hanback. Independence M, J. Salter. Henry M. Watens, Concordia B, H. McEckron.Kvan J. Jenkui^. Wichita Ric'rd L.Walker James L. Dyer. Kirwin Thos, M, Helm,.. Lewis J. Best. WaK-eeney B.J. F. H.^nna...W. H. Pilkenton. Larned Chas. A, Morris. .Henry Booth. Oberlin T. H, Cavanaugtik. . E. Chandler. LOUISIANA. New Orleans Geo. Baidey Wm. M. Burwell. Natchitoches Loui.s Duplex Alexis E, Lemee. MICHIGAN. Marquette HenryH.SiaflbrdJas. M. Wilkinson. Detroit J. B. Blo.ss Eben W. Cottrell. East Saginaw Ch.is. Duughtv...F. J. Burton, ReedCjiy EJw. btevcnson..W, H, C. Mitchell, MINNESOTA. Tavlor's Falls John P. OwenB>..,G::o. B. Folsom. St.'Cloud D. H Freeman... Will. B. Muchell. Fergus Falls Soren Listoe Jno. H.Allen. Worthingtoii Mons, Grinager...C. H. Smicn. Tracy Chas. B. Tyler. ..Jno, Lmd. Benson Darwin S. Hiill.,.Hcman W. Stone. Duluth M. C. Russel T. H Pier,snell. Crookston John Cramb Paul C. Sletten. Redwood Falls..,\V.P.DuuniiigtonW B. Herriotc. MISSISSIPPI. Jackson Richard C. Kerr.A. N, Kimball. MISSOURI. Boonville .Gustave Reichc.Geo. RItchey. Irontoii Geo. A. Moser.,,.Geo. H. Crumb. Springfield G. A. C. Woolley.'J'imes Dumwrs. MONTANA. Helena Bozeman .... Miles Citv.. James H. Moe... Ellis Ballon. D.ivis Willson J, V, Bogert. E. A. Knedler...C. H. Gould. NEBRASKA. Neligh Edward S. Butler. Wm. B. Lambert, Beatrice HirainW. Parker.Win. H. Somers. Lincoln Ctias. W. Pierce. C. N. Baird. Niobrara B. F Ciiambers..H. S, Lovejoy. Grand Island M. B. Hoxie Wm. Anyan. North Platte A.'D. Bnckworth.John Taffe. Bloomiiigton bimunW.Switzer.R. W. Mon:gomery, Carson City C. A. Wiiherell...Saniuel C. Wright. Eureka F. H: Hinckley ..Hiirvcy Carpenter, NHW MEXICO. Santa Fe Mnx Frost Wm. >i. Bailache. La Mesilla Geo. 1.). Bowman, Samuel W. Sherfey. OREGON. Oregon City ..Louis T. Barin..,John W. Watts. Roseburg Wm.F.Benjamin.Jas. C. Fuilcrton. La Grande HeiiryW DwightDaniel Cnaplin. Lakeview J, H. Evans Jerome Knox. The Dalles..... „.,Laban Coffin C. N. Thoniuurg. UTAH. Salt Lake City.,.H. McMaster Moses M. Bane. WASHINGTON. Olympia Josiah T. Brown. Rob't G. Stuart. Vancouver Fred.W.Sparling.Sam'l W, Brown. Walla Walla .'Ed. H. Mnrrison.Alex'r Reed. Colfax .J. M. Annstrong.E. N. Sweet. Yakima R, B. Kinne Jas. M.Adams. WISCONSIN, Menasha Geo. W. Fay Norman Thatcher. Falls of St, CroixMichael Field Joel F. Nason. Wausau Stephen H.AIban William Gallon. La Crosse .'..F. A. Hnslier John Ulrich. Bayfield Jno. H. Kmght... Isaac H, Wing. Eau Claire Alex. Meggctt Vincent W. Bay less. WYOMING. Cheyenne... Ev'anston .. E W. Mann Wm. M. Garvey. Chas. H. Pnest...E. S. Crocker, u THE AMERICAN SETTLER'S GUIDE. LIST II. State Land Officers and Immigration Agents. ALABAMA. T. J. Alston, Immigration Commissioner, Tuscaloosa, Ala. Charles Smallwoocl and Otto Cullman, Assistant Com- missioners, CuUman, Ala. ARIZONA. .' Patrick Hamilton, Territorial Immigration Agent, Prcscott, Arizona. ARKANSAS. W. A. Webber, President State Immigration Society, Little Rock, Ark. W. J. Murphy, Secretary, ditto. D. W. Lear, Commissioner State Lands, Little Rock, Ark. CALIFORNIA. J. W. Shanklin, State Surveyor-General and Register of State Land Office, Sacramento, California. J. H. C. Bonte, Secretary Board of Regents, Berkeley, Alameda County, California. J. Ham Harris, Land Agent of University, San Fran- cisco, P. O. box 2040. Immigration Association of California, A. R. Briggs, President, J, A. Johnson, Secretary, C. H. Strict, Land Officer, SacrameniT), Ca,Iifornia. COLORADO. J. C. Shattuck, Immigration Agent, and Secretary of State Board of Land Commis-sioners, Denver, Col. James Duff, Private Immigration Agent, Denver, Col. FLORIDA. Hugh A. Corley, Commissioner of Lands, Tallahassee, Florida.' Seth French, Commissioner of Bureau of Immigration, Jacksonville, Florida. Samuel Fairbanks, Assistant, ditto. A. A. Robinson, Commissioner of Immigration, Jack- sonville, Fla. R. C. Long, Secretary Board of Immigration, Jackson- ville, Fla. Columbus Drew, Agent Board of Immigration, Jack- sonville, Fla. County Immigration Agents. Sumpter cojmty— A P. Rpberts, Leesburg. Volusia county — F. C. Austin, Enterprise. Volusia county — M. B. Rolfe, New Smyrna. Duval county— A. J. Russell, Jacksonv.lle. Putnam county— C. V. Hutchins, Lake Como. *Orange county — R. G. Robinson, Zi,llwood. Poik county — Col. John Snoddy, Bxrtow. Brevard county— H. S. Williams, Rock Ledge. Dade county— J. W. Ewan, Mianli. . Monroe county— Cullen B. S^als, Fort Myers. Manatee county — ^John G. Wt;bb, Sarasota. Hillsborough county — W. C. Brown, Tampa. Hernando county— Fred. L. Robinson, Brooksville, Levy county — W. H. Sebring, Bronson, Alachua county— B. W. Powdl, Mic.inopy. *C!ay county— R. W. Davis, Green Covc: Spring. *Columbia county — Wm. M. Ives, Lake City. *Leon =oun.y-{CtJXhn.B.adford, | ,.^„^,^^,^^ Franklin county— O. H. Kclley, Rio Carrabelle. Those marked * have pamphlets for free distribution, on receipt of three-cent stamp. IOWA. James K. Powers, Register State Land Office, Des Moines, Iowa. John M. Davis, Deputy, ditto. Geo. D. Perkins, State Immigration Commissioner, Sioux City, Iowa. KANSAS. P. I. Borlebrake, Register of State Lands, Topeka, Kan, J. A. Haughanout, Agent University Lands, Neosha Falls, Kansas. Van. R. Holmes, Agent State Normal School Lands, Emporia, Kansas. L. R. Elliott, Agent Agricultural College Lands, Man- hattan^ Kansas. R. W. Jenkins, President, and Wm. Sims, Secretary, State Board of Agnculture. In charge .of Immigra- tion, Topeka, Kansas, , LOUISIANA. Wm. H, Harris, State Commissioner of Agriculture and Immigration, New Orleans, La. MICHIGAN. James M, Neasmith, Commissioner of State I^nd Office, Lansing, Mich. F. J. Much, State Swamp L^fnd Commissioner, Nor- wood, Mich. Fred'k Morley, Commissioner of Immigration, Detroit, Mich, MINNESOTA. 0. P. Whitcomb, State Land Commissioner, St, Paul, Minn, H. H. Young, Secretary Board of Immigration, St, Paul, Minn, W. P. Jewett, State Land Agent, St. Paul, Minn. MISSISSIPPI. John M. Smylie, Commissioner of Swamp Lands, Jack- son, Miss. E. G. Wall, Commissioner of Immigration, Jackson, Mi.ss. MISSOURI. James E. McHcnry, Register of State Lands, Jefferson City, Mo. Andrew McKinley, Superintendent State Board of Im- migration, Sixth and'Locust Sts., St. Louis, Mo. NEERASivA. A. G. Kendall, State Land Commissioner, Lincoln, Nebraska. Waterloo Immigration and Improvement Association, R. H. Huddkston. President, W. H. Clark, Secre- tary, Waterloo, Nebraska. NEVADA. Andrew J. Hatch, Surveyor-General and Register of State Land Office, Carson Qity, Nevada. 1. N. Fassett, D^jputy Register, ditto. Captain John MulUn, State Land Agent and Attorney, Washington, D. C. \ OREGON. E. P. McCormack, Clerk of Board of Commissioners for Sale of State Lands, Salom, Oregon, Joseph Shinn, Register of State Lands, La Grande, Oregon. Captain John Mullan, State Land Agent and Attorney, Washington, D. C. W. H, Byars, Swamp Land Agent, Roseburg, Oregon. William McCajiin, Immigration Agent, Liverpool, Eng- land. L. P. McCarty, Immigration Agent, New York City. TEXAS. W. C. Walsh, Commissioner of the General Land Office, Austin, Texas. WISCONSIN. C. F. Fricke, Chief Clerk Board of Commissioners of State Lands, Madison, Wis, J. A. Becker, President, and Henry Betz, Secretary, State Board of Immigration, Milwaukee, Wis. THE AMERICAN SETTLER'S GUIDE. 95 LIST III. Railroad Land Gommissioners and Agents. ALABAMA. MOBILE AND MONTGOMERY RAILROAD COMPANY. W, J. Vankirk, Land Commissioner, Pensacola, Fla. ALABAMA GREAT SOUTHERN RAILROAD COMPANY. Frank Y. Anderson, General Land Agent, Birmingham, ■ Alabama. LOCAL LAND AGENTS. S. E. Dobbs, Porterville, Ala. E. A. Crandall, Springville, Ala. iohn J. White, Birmingham, Ala. I. Helgreri,^ Tuscaloosa, Ala. V. G. Snedecor, Greensboro, Ala. LOUISVILLE AND NASHVILLE RAILROAD COMPANY. R. W. A. Wilda, Land Commissioner, Birmingham, Ala ARKANSAS. ST. LOUIS, IRON MOUNTAIN AND SOUTHERN RAILWAY COMPANY. Thomas Essex, Land Commissioner, Litde Rock, Ark. LOCAL LAND AGENTS. T. J. Allison, Austin, Ark. P. L. Barber, Judsonia, Ark. R. L. Powers, Prescott, Ark. C. E. Bramble, Texarkana, Ark. C. E. Cutter, Hot Springs, Ark. W. W. Slack, Alexander, Ark. Webber & Sons, Benton, Ark. A. P. Mack, Gainesville, Ark. , A. M. Crow, Arkadelphia, Ark. S. P. Holloway» Powhatan, Ark. J. T. Henderson, Newport, Ark. LITTLE ROCK AND FORT SMITH RAILWAY COMPANY. W. D. Slack, Land Commissioner, Little Rock, Ark. Agents not reported. , MEMPHIS AND LITTLE ROCK RAILROAD COMPANY. James Harrington, Agent, Little Rock, Ark. ARIZONA. None reported. CALIFORNIA. CENTRAL PACIFIC RAILROAD COMPANY. B. B. Reddig, Land Commissioner, Fourth and Town- send Sts., San Francisco. Has no Land Agents. SOUTHERN PACIFIC RAILROAD COMPANY. Jerome Madden, Land Agent, Fourth and Townsend Sts., San Francisco. - COLORADO. None reported. DAKOTA. ST. PAUL, MINNEAPOLIS AND MANITOBA RAILWAY COMPANY. James B. Power, Land Commissioner, St. Paul, JMinn. NORTHERN PACIFIC RAILROAD COMPANY. Cai. R. Newport, Land Commissioner, St. Paul, Minn. Has no Local Agents (See Advertisement of Dakota Lands for Sale.) CHICAGO AND NORTHWESTERN RAILROAD COMPANY. Chas. E. Simmon, Land Commissioner, Chicago, III. FLORIDA. None reported. IDAHO. None reported. ILLINOIS. ILLINOIS CENTRAL RAILROAD COMPATTY. P. Daggy, I^and Commissioner, Room ii. No. 78 Michigan Avenue, Chicago, Ills. Has no Land Agents. (See Advertisements of Wheat and Fruit Lands for Sale.) IOWA. SIOUX CITY AND PACIFIC RAILROAD COMPANY. T. C. Hill, Superintendent, Missouri Valley, Iowa. LOCAL LAND AGENTS. J. D. Brown, Missouri Valley, Iowa. R. C. Hasson, Modale, Iowa. C. B. Joy, Mondamin, Iowa, R. Newton, River Sioux, Iowa. C. H. Burrows, Onawa, Iowa. S. P. Demmon, Whiting, Iowa. - R. C- Barnard, Sloan, Iowa. J. W. Ritz, Sergeant's Bluff, Iowa. Wm. Wells, Sioux City, Iowa. CHICAG0„ROCK. ISLAND, b PACIFIC RAILRQAD COMPANY. J. L. Drew, Land Commissioner, Davenport, low?.. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY. W. W. Baldwin, Land Commissi onei*, Burlington, Iowa. IOWA RAILROAD LAND COMPANY. Jas. Vandenventer, Land Commissioner, Cedar Rapids, Iowa. I CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY. Willis Drummond, Jr., Land Commissioner, Mil- waukee, Wis. KANSAS. KANSAS PACIFIC RAILROAD COMPANY. S. J. Gilmore, Land Commissioner, Salina, Kan. LOCAL LAND AGENTS. David Mattison, Poplar Hill, Kan. Geo. H. Freeman, Abilene, Kan. R. T. Batchelor, Wakefield, Kan. J. H. Pinkerton & Co;, Clay Center, Kan. W. R. Bigham, White City, Kan. L.^R. Elliott, Manhattan, Kan. R. D. Adams, Camden, Kan, C. C. Olney, Minneapolis, Kan. A. E. AgrelJus, Lindsborg,'Kan. i, A. Foster, Marquette, Kan, . A. M-nx, Lincoln Center, Kan. W, T. Nicholas, Lyons, Kan. J. A. Wiggin, Ellsworth, Kan. J. M. Fultz, Little River, Kan. J. T. McKittrick, Wilson, Kan. Geo. A. Appel, Glen Sharrald, Kan. W. T. Prescott, Sylvan Grove, Kan. L. V. Hibbard, East Wolf, Kan. J. B. Corbett, Bunker Hill, Kan. H. A. Ellis, Russell, Kan. L. V. Volrath, Dorrance, Kan. J. D. R6nstadt, Ellinwood, Kan. C. M. Smith Great Bend, Kan. Jno. Ulshoefer, State Center, Kan. Jonas Waters, Victoria, Kan. B. Brungardt, Victoria, Kan. J. B. Milnei', Hays City, Kan. Dan'l Griest, Ellis, Kan. Taylor & Starbird, La Crosse, Kan. Terrill & Trimble, Millbrook, Kan. A. E. Warren, Wa Keeney, Kan. M. Finity, Wa Keeney, Kan. Geo. F'. Neally, Collyer, Kan. Beal & Dryer, Grainficld, Kan. E. J. Turner, Kenneth, Kan. Cranston & Bain, Topeka, Kan. H. H. Mead, Junction City, Kan. Joseph Allen, Winterset, Kan. Thomas B, Sears, Churchill, Kan. T. G. Odell, Pleasant Dale, Kan. Francis Balcomb, Success. Kan. J. D. Sweet, Stockdale, Kan. Edward E. Johnson, Colorado, Kan. Henry Webb, Webb, Kan. I. A. Williams, Bluffville, Kan. W. F. Sekanee, Paiacky, Kan. Wm. Andrews, Weston, Kan, Barth Buchll, Bismarck, Kan. D. R. Woriey. Worley, Kan. Geo. Thomas, Grand Center, Kan. Samuel Blomficld, Orbitello, Kan. Jos. Johnston, Bartondale, Kan. 96 THE AMERICAN SETTLER'S GUIDE; L. R. Johnson, Tnvoli, Kan. E. R. F. Morgan, Moss Spring, Kan. Phi. F. Johnson, Grimm, Kan. D. V. Caldwell, Fairport, Kan. G. W. Campbell, Ogden, Kan. S. S. Shivers, Bateham, Kan. Aaron Ford, Greenvale, Kan. G. Zwanziger, Alma, Kan. L. C. Warner, Brookville, Kan. Edward Prickett, Lone Walnut, Kan. W. Chillson, Mulberry, Kan. A. Rosengrantz, Kansas Center, Kan. F. Millard, Millard, Kan. E. B. Purcell, Windsor, Kan. John Stanley, Topsey, Kan. M. Macombt;r; Dry Creek, Kan. ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY. A. S. Johnson, Land Commissioner, Topeka, Kan. LOCAL LAND AGENTS. Daily & Howard, Burton, Kan. H. Ritchie, Council Grove, Kan. Holmes & Holden, Emporia, Kan. J. W. McWilliams, Cottonwood Falls, Kan. W. M. Tomlinson, Elmdale, Kan. J. W. Byram, Cedar Grove, Kan. Thomas Morrison, Florence, Kan. Case & Billings, Marion Centre, Kan. W. J. Cameron, Eldorado, Kan. F. H. KoUock, Peabody, Kan. M. P. Simpson, McPherson, Kan. R. M. Spivey, Newton, Kan. T. R. Hazard, Sedgwick City, Kan. Bunnell & Roys, Wichita, Kan. G. W. Sweesey, Halstead, Kan. W. A. Daily, Mt. Hope, Kan. Brown & Bigger, Hutchinson, Kan. D. S. Dill, Nickerson, Kan. J. H. Ricksecker, Sterling, Kan. J. Masemore, Raymond, Kan. '' F. A. Steckel, Ellinwood, Kan. D. N. Heizer, Great Bend, Kan. Frank B. Smith, Rush Centre, Kan. John Lindas, Pawnee, Kan. G. H. Wadsworth, Earned, Kan. H. P. Wolcott, Garfield, Kan. G. W. Milner, Kinsley, Kan. E. P. Ott, Ofiferle, Kan. Geo. Potter, SpeareviUe, Kan. KANSAS CITY, FORT SCOTT AND GULF RAILROAD COMPANY. John A. Clark, Land Commissioner, Kansas City, Mo. KANSAS CITY, LAWRENCE AND SOUTHERN RAILROAD COMPANY. John A. Clark, Land Commissioner, Kansas City, Mo. No agents reported. MISSOURI, KANSAS AND TEXAS RAILWAY COMPANY. A. M. Sommers, Land Commissioner, Emporia, Kans. LOCAL LAND AGENTS. C. H. Pratt, Humboldt, Kan. W J. Hnughawout, Neosho Falls, Kan. Geo. A. Bowlus. lola, Kan. C. P. Walker. Colony, Kan. E. S. Hunt, Garnett, Kan. Geo. W. Her, Garnett, Kan. Lane & Kent, Burlington, Kan, Smythe & Fockele, L;;roy, Kan. Holmes & HoHen, Emporia, Kan. R. B. Shepherd, Madison, Kan. T. W. McWilliams, Cottonwood Falls, Kan. W. M. Tomlinson, Elmdale, Kan. A. B. Salisbury, Marion Center, Kan. W. J. Campron, Eldorado, Kan. Ritchie & Provine, Council Grove, Kan. H. S. Day, ParkerviUe, Kan. R. D. Adams, Camden, Kan. W. R. Bigham, White City, Kan. N. F. Greene, Junction City, Kan. A. C. Pierce, Junction City, Kan. L. R. Elliott, Manhattan, Kan. S. H. Fairfield, Alma, Kan. Pierce & Mahan, Alma, Kan. Henry Rlckel, Eskridge, Kan. E. H. Sanford, Eskridge, Kan. Allen Wilson, Clay Center, Kan. F. W. Sturges, Concordia, Kan. T. C, Henry, Abilene, Kan. E. Rutledge Yates Center, Kan. Stinebaugh & Barnett, Ottawa, Kan. G. W. Hutchinson, Kansas City, Mo. Joseph H. Green, Sedalia, Mo. S. M. Knox, Princeton, 111 J. P. Scott, Polo, 111. L. F. Walden, La Prai-.ie, 111. W. L. Heath & Co., Newton, 111. W. Scott Agney, Freeport, 111. Isaac Newkirk, Kansas City, Mo. Watson & Thrapp, Topeka, Kan. Douville & Giesman, Manistee, Mich. G. E. Withington, Allen, Kan. D. C. Veirs, Urbana, 111. T. M. Walker, Bloomington, 111, L. J. Hawkins, Chanute, Kan. Charles Snoad, 52 Clark Street, Chicago, 111. J. T. Small, Lewiston, Maine. E. G. Darnall, Lebanon, Ind. Fletcher White, Springfield, Ohio. S. G Hatfield, Tunkhannock, Pa. J. H. Ryan, Peru, Ind. E. A. Wood, Sabula, Iowa. UNION PACIFIC RAILWAY COMPANY. (Kansas Division. ^ S. J. Gilmore, Land Commissioner, Kansas City, Mis- No ne reported. None reported. None reported. LOUISIANA. MISSISSIPPI. MICHIGAN. MINNESOTA. NORTHERN PACIFIC RAILROAD COMPANY. James B. Power, Land Commissioner, St. Paul, Minn. Has no local agents. (See advertisement of rich lands for sale.) CHICAGO, ST. PAUL AND MINNEAPOLIS RAILWAY COMPANY. C. W. Porter, Land Commissioner, Hudson, Wis. LOCAL LAND AGENT. S. A. Quail, 2ig Washington ave.. South Minneapolis, Minn. MISSOURI. ST. LOUIS, IRON MOUNTAIN AND SOUTHERN RAILWAY COMPANY. W. A. Kendall, Assistant Land Commissioner, cor. Fifth and Market streets, St. Louis, Mo. LOCAL LAND AGENTS. J. M. Cooper, Morley, Mo. M. H. A. Atkins, Poplar Bluff, Mo. HANNIBAL AND ST. JOSEPH RAILROAD COMPANY. Thos. D. Price, Land Commissioner, Hannibal, Mo. LOCAL LAND AGENTS. Thos. E. Hatcher, Palmyra, Mo. W. F. Blackburn, Hunnewell, Mo. Towson Bros., Shelbina, Mo. A. J. Higbee, Clarence, Mo. W. G. Walker, Macon, Mo. E. E. Richardson, Callao, Mo. W. M. Willis, New Cambria, Mo. Geo. W. Martin, Brookfield, Mo. H. Black, MeadviUe, Mo. Chas. H. Mansur, Chillicothe, Mo. G. W. Murphy. Breckenridge, Mo. Crosby Johnson, Hamilton, Mo. Thos. E. Turney, Cameron, Mo. Wm. Service, Lathrop, Mo. Jos. Truex, Osborn, Mo. O. G. McDonald, StewarLsville, Mo." Henry E. Glazier, Maysville, Mo. EXPLORING AGENTS. J. M. Willis, Hannibal, Mo. Geo. N. Mills, Hannibal, Mo. MONTANA. M. E. Stone, Land Commissioner of Northern Pacihc Railroad Company, Helena, Montana. THE AMERICAN SETTLER'S GUIDE. 97 ington Ty, CHICAGO, NEBRASKA. UNION PACIFIC RAILROAD COMPANY. Leavitt Burnham, Land Commissioner, Omaha, Neb. No agents reported. SIOUX CITY AND PACIFIC RAILROAD COMPANY. T. C. Hills, Superintendent, Missouri Valley, Iowa. LOCAL LAND AGENTS. F. Harriman, Blair, Neb. F. D. Kendett, Belle Creek, Neb. K. CI Morehouse, Fremont, Neb. O. B. Rippey, Nickersoh, Neb. K. M. Payion, Hooper, Neb. Geo. Foster, Scribner, Neb. Scott Bryan, West Point, Neb. C. R. Stedmon, Wisner, Neb. K. Tripple, Stanton, Neb. . J. W. Scofield, Norfolk, Neb. H. D. Dodendorf, Battle Creek. Neb. A. H. Livingston, Oakdale, Neb. BURLINGTON b MISSOURI RIVER RAILROAD COMPANY. J. D. McFarland, Land Commissioner, Lincoln, Neb. NEVADA. None reported, NEW MEXICO. WYOMING. None reported. OREGON. None reported. (<^) Circulars were sent to all land grant railroad companies, with the request to send the names and addresses of their land commissioners and agents. Any desired changes or additions to this list will be gladly made for future editions. TEXAS. None reported. WASHINGTON. NORTHERN PACIFIC RAILROAD COMPANY, J. H. Houghton, Land Agent, New Tacoma, Wash- WISCONSIN. PAUL, MINNEAPOLIS AND OMAHA RAIL- WAY COMPANY. Wm. H. Phipps, Land Commissioner, Hudson, Wis. LOCAL LAND AGENTS. G. W. La Point; Wilson, Wis. S. Omdahl, Menominee, Wis. A. Hoffman, Chippewa Falls, Wis. W. H. Smith, Eau Galle, Wis. H. Shuster, Neilsville, Wis. WISCONSIN CENTRAL RAILWAY COMPANY. Charles L. Colby, Land Commissioner, Milwaukee, Wis. LOCAL LAND AGENTS. W. H. Bartell, Colby, Wis. E. L. Swarthout, Dorchester, Wis, A. J. Perkins,, Medford, Wis. G. Karpe, Plymouth, Wis. None reported. None reported. LIST IV. Land Attorneys and Real Estate Agents. Addresses of Land Attorneys and Real Estate Agents who will be glad to render settlers all the assistance in their power. They will furnish, free of charge, full information concerning the lands in their neighborhood, and for moderate fees will undertake the entry or purchase of lands for any one at a distance who desires to settle in the county of town where they reside. ALABAMA. JACKSONVILLE. L. W. Grant. Only Land Agent in Calhoun county, " JASPER. W. B. Appling. Attorney, Special attention to land cases, ARIZONA. GLOBE CITY. John C. Hicks. Land and Mining Lawyer. PHOSNIX, Wm. O. O'Neil. Attorney-at-Iaw. Land law a specialty. Tweed & Hancock. Attorneys-at-law. Land business a special practice. , YUMA. H, N. Alexander, Practises before courts and land offices. ARKANSAS. BATESVILLE. T. B. Padgett. Taxes paid and collections made. CENTRE POINT, A. B. Grace, Attorney and Real Estate Agent. COTTON PLANT. A. F. Maberry. Special attention to land business. CROWLEY. B. H. Crowley. Attorney-at-Law. Land practice, DARDANELLE. Hall & Caffrey. Attorneys-at-law, Land cases and claims a specialty. 7 John H. cases, Mo EL DORADO. Attorncy-at-law. EUREKA SPRINGS. Attention to land EDWIN M. LINZEE. Attorney and United States Claim Agent, Real Estate Broker and Notary Public, has been admitted to practice in all the Departments at Washington, D. C. Cancelled homesteads and all kinds of land claims a specialty. Refers to Hon. J. D. Walker, U. S. Senator, Arkansas, Hons. F M. Gunther and J. £. Cravens, M. C, Arkansas. McDaniel & McGill. Real Estate Agents. FAYETTEVILLE. Frank F. Smith. Correspondence solicited. Geo. W. M. Reed. War Claim and Land Agent, FORT SMITH. John Carnall & Co. Real Estate Agents. McClure & Wheeler. Pay taxes, make collections, enter lands. HARRISBURG. Freeman & Jones. Have 20,000 acres for sale cheap. HARRISON, JAMES T. PENN. Dealer in Soldiere' Additional Homestead Rights and Real Estate Agent. Have had experience in traveling in the Western States and Territories, Can give valuable information to the homeless. Correspondence on business solicited with stamp for reply. LITTLE ROCK, C. E. Kelsey & Son. Land Agents, Prairie lands a specialty, Isftac Lawrence. General Land Agency. THE AMERICAN SETTLER'S GUIDE. LONOKE. Geo. Sibley. A General Real Estate Business. MAGNOLIA. Daniel & Emerson, Real Estate Agents. ' MINERAL SPRINGS. A. B. Bishop. Land and Locating Agent. Huddleston & Wadley. Real ^tate and Collecting Agents. OZARK. A. H. BOLES. Attorriey-at-law and Land Agent. For sale, 100,000 acres of land, from $2.50 to $S-°° per acre. Government lands selected; Fielder, Clark & Fielder. Attorneys-atrlaw and Real Estate Agents. POWHATAN. John K, Gibson & Co. Farming, mining, and timber lands. . PRESCOTT. Edward A. Warren. Land Attorney and Real Estate Dealer. RUSSELLVILLE. W. C. Ford. Attorney-at-Iaw and Real Estate Agent. STAR CITY. Alfred Wiley. Attorney and Real Estate Agen*. VARNER STATION. GEO. H.JOSLYN. Attorney-at-law and Real Estate Agent. Will be pleased to correspond with persons desiring lands and homes in Southeast Arkansas. 50,000 acres fine bqttom timber lands for sale, near railroad, from gi.25 to $5.00 per acre. Special atten- tion given to payment of taxes for non-residents. WETTSBUKG. T. E. Hare, Lawyer, Transacts General Real Estate Business. CALIFORNIA. AUCATA. Geo, W, Hopkins, Lawyer, Notary, and Land Agent. COLTON. Gregory & Gibson. Attorneys-at-law. Land cases. COULTERVILLE. C. L. Mast. Land business attended to. CRESCENT. L. F, Cooper. Prosecutes land and mining cases. DIXON. J. W. Cotton. Farm lands bought and sold. DUTCH PLAT. J. E. Prewett. Attorney-at-law. Attends to land cases. EUREKA. J. K. Dollison. Real Estate and Land Agent. Scrip for sale. GRASS VALLEY. A. Burrows. Mining and Land Lawyer. INDEPENDENCE. Reddy & Conklin. Land and Mining Attorneys. LA PORTE. Charles W. Hendel. United States Deputy Mineral Surveyor. LIVERMORE. John L. Mitchell. Real Estate and General Insurance Agent. LOS ANGELES. Will D. Gould. Attorney-at-law. Special attention to land law. R. M. Widney, Land Lawyer. Patents secured' for lands. A. Herdman. Local Land Agent. MADISON. Jim. Mat. Stephens. Will furnish land information. MARIPOSA. John M. Corcoran. Attorney-at-law. Land and Itlin- ing claims, L.. F. Jones. Attorney-at-law, Land cases a special practice. MARYSVILLE- L. B. Ayer, Late UniteiJ States Register. Land law a ■specialty. - •- ■ , NEVADA CITY. J. M. Walling. Land business and correspondence solicited. OROVILLE. D. B. Hays. Real Estate, Insurance, and Collecting Agency. RED BLUFF, Chipman & Garter. Attorneys-at-law. Land Practice. SAN BERNARDINO. H. p. Rolfe, Attorney-at-law, Land law a specialty. SAN FRANCISCO. J, A. Robinson. Land Attorney, Late chief clerk surveyor-general . O. H. McKee, 318 Pine Street. Special attention to mining claims. James F. Stuart, P. O. box g6i. Twenty years land experience. Horace D. Dun'n. Secretary Cala. Immigration Society. W, H. Martin. Land Agent of Immigrant Aid Society. Pacific Land and Trust Co. Real Estate Agents and Auctioneers. SAN JUAN SOUTH. James F. McMahon. Attorney-at-law. Land litigation. SHEEP RANCH. p. H. Kean. Notary Public and Real Estate Agent. SONORA. C- L. Street. Attorney-at-law. Contested land cases a specialty. SAN LUIS OBISPO. P. A. Forrester. Real Estate Agent. Searcher of records, etc. STOCKTON. J. H. Budd. Attorney-at-law. Public land entries. P. S. Wilkes. Attorney-at-law. Land law attended to. TRUCKEE. C. F, McGIashan. Attorney-at-law. Land business. VISALIA. D. K. Zumwalt. Land Attorney. Searcher of Records. Brown & Daggett. Attorneys-at-law. Land and mining law. WEAVERVILLE. John G. Irwin. Attorney-at-law. Land law a specialty. W. S. Lowdcn. United States Deputy Surveyor and Mining Engineer. WHEATLAND. Frank F. Camduff. Attorney-at-law and Notary Public. COLORADO. BOULDER. O. F. A. Greene. Attorney-at-law. CANON CITY. Charles E. Waldo. Attorney-at-law. Land practice a specialty. DENVER. A. M. GHOST & CO, Have for sale and exchange city and ranch property. Gold, silver, copper, mica, and coal mines. Also a complete set of abstracts of title to all real estate in Arapahoe county. Publish- ers of the Colorado Bulletin of lands for sale; sent -on receipt of stamp. FAIRPLAY. Morse & Hayes. Attomeys-at-law. Mining Engineers and United States Surveyors. GEORGETOWN. John Tomay. Mining and Real Estate Agent. GREELEY. A. E. Gipson. Real Estate Agent and Dealer in Scrip. LEADVILLE. Wm. R. Wharton. Attorney-at-law. Mining litigation a specialty. Nash & Thompson, Attomeys-at-law. Mining cases a special practice. LOVELAND. E. M, Rhodes, Real Estate Agent THE AMERICAN SETTLER'S GUIDE. 99' SILVERTON. Hudson & Slaymaker, Attorneys-at-law. Mining mat- ters. TRINIDAD. Calvin W. Fisk. Real Estate Agent. DAKOTA. ALEXANDRIA. James Baynes. Attorney and Real Estate Agent. ALWILDA. T. W. Brisbine; Real Estate Agent. ASHTON. W. C. Smart. Clerk of Court and Government Land Agent. D. N. Hunt, Jr. Real Estate Agent. BIG STONE CITY. D. W. Diggs. Real Estate, Insurance, Collections and Loans. Movius BrQS. County Surveyors, Land Agents. CAMPBELL. W. W. Taggart. Land Agent. Information furnished. CANTON. J. C, Cline. Attomey-at-Law and Real Estate Agent. T. J. Thorstad. Real Estate Dealer. CASSELLTON. Allen T. Tuttle. Real Estate and Public Land Agent. CLARK. , Williams & Sherwood. Land, Locating, Loan, and Collection Agents. DEADWOOD. Henry C. Rohleder. Mineral Surveyor and Mining Engineer. DELL RAPIDS. Rob't Robertson. Buys and sells land on commission. ESTELLINE. Curtis P. Parsons. Clerk of Court and Land Attorney. FARGO. A. J. Harwood. Manager of Land Department, Bank of Fargo. Arthur H. Hazen. Land Lawyer and Real Estate Agent. T. L. Lucas. Real Estate Agent. James S. Stack. Land business attended to promptly, FLANDREAU. F. W. PETTIGREW. Clerk of District Court. Real Estate Dealer and Insurance Agent. Has large quan- tities of choice lands for sale in Eastern Dakota. E. Huntington. Real Estate and Collecting Agent. FOSTER CITYj J. B. Churchill & Co. Real Estate and Collecting Agents. GRAND FORKS. GEORGE H. "WALSH. Attomey-at-law. L^nd, In- surance, and Collection Agent. Locates homesteads, pre-emption, and tree culture claims. Has corrected plats of all vacant lands in Grand Forks, -Polk, and Pembina counties. Only abstract office in Grand Forks county. The lands in this vicinity are very desirable, being rich farm lands, well watered, tim- bered, etc. The best place in the entire Northwest to settle. All letters of inquiry cheerfully and promptly answered. \ Mr. Wal-sh is clerk of the dfefrict court, and has been instrumental in entering for claimants, in less than one vear, 155,200 acres of Government lands. He has focated more settlers than any other land agent in the beautiful valley where he resides. Write him at an early day, W. G. WOODRUFF. Attorney-at-law and Land Agent. T. G. Fladeland. Law, Collection, and Land Office. JAMESTOWN. F. E. Jones. Land Agent. E. P. Wells. Lands located. MAXWELL CITY. John E. Maxwell. Locates settlers in James River Valley. MILLTOWN. Peter Shearer. Dakota Land Oflice Business attended H.R.VAUGHN. Clerkof Court. Real Estate Agent, Notary Public and Conveyancer. Special attention fiven to locating settlers on Government lands, [omestead, pre-emption, and timber culture entries made. Improved and unimproved prairie and timber lands for sale. Eight years experience in this county. RAPID CITY. H. N. Maguire. Land and Mining Lawyer. SALEM. White & Rutan. Real Estate Agents. Correspond- ence solicited. SANBORN. A. M. Pease. General Land Agent. Locates land. SIOUX FALLS. M, J. Oilman. Attorney-at-law. United States Land Office business. SPRINGFIELD. Clark S . Rowe. Land Attorney. Correspondence solicited. SWAN LAKE. S. FRYE ANDREWS. Notary Public and Real Es- tate Agent. Will pay taxts, loan money, and make collections for non-residents. VALLEY CITY. FREDERICK H. ADAMS. Has for sale Red River wheat lands on the Northern Pacific Railroad, from J2.50 to $5.00 per acre, on easy terms. Write him. W. k. SMITH. Attorney-at-law and General Land Agent. Practices law in all the Territorial courts and United States Land Offices. Examines, locates, buys and sells all kinds of land. Circular containing valuable local information sent on application. Come with the rush for the rich lands of Dakota. VOLGA. Engleson & Hall. Attorneys-at-law and Locating Agents. WATERTOWN. A. S. Wadsworth. Surveyor and Real Estate Agent. D. C. & W. K. I'homas. Attorneys-at-law and Land Agents. L. S. Deming. Real Estate and Locating Agent. C. C. Wiley. Real Estate and Locating Agent. WHEATLAND. Vincent C. Pinkas. Information furnished freely. YANKTON. C. J. B. HARRIS. Attorney-at-law, Real Estate and Loan Broktr. Has abstracts of title to all real estate in Yankton county. Has for sale lands in all parts of Southern Dakota, and Yankton City lots. Attends to all business before the United Ststes Land Office at Yankton. Correspondence solicited. George Roberts. Real, Estate Agent. M. M. Matthson. Real Estate Broker. James A. Ward. Land and Loan Office. DISTRICT OF COLUMBIA. WASHINGTON. HENRY BEARD. Attorney-at-law. Argues con- tested cases. Attends to the adjustment of grants to States, railroad companies, etc., before the General Land Office and Department of the Interior. Busi- ness established fifteen years. Office 633 F St. Special references furnished. CHARLES O. BROWN. Attorney-at-law, late of the General Land Office, 1212 G St., N. W. Lands, mines, and public surveys. Practices in the courts, before the Departments and Committees of Congress. Refers by permission to Hon. J. B. Chaffee and J. B. Belford, Colorado; Hon*. D. P. Thompson, Oregon, and others. M. D. Brainard. Attorney-at-law. Late law clerk of Interior Department. CURTIS & BURDETT. W. W. Curtis, Late Chief Clerk Genercl Land Office. S. S. Burdett, Attor- ney-at-law, Late Commissioner General Land Office. Solicitors of Claims and Attorneys in Land Cases. 100 THE AMERICAN SETTLER'S GUIDE. They make a specialty of cases before the General Land Office, and also practice in the Court of Claims, and in the Supreme Court of the United States. Offices, 700 Ninth St., Washington, D. C. DRUMMOND & BRADFORD. (Willis Drum- mond, late Commissionkirot' the General Land Office,' and Robert H. Bradford, late of the New Orleans Bar.) Practise in the United States Supreme Court, Court of Claims, and before all departments, bureaus, .and commissions in Washington — giving special at- tention to land cases and all kinds of scrip. A. St. C. Denver. Attorney-at-Law. Forjnerly of Cal- ifornia. HORACE J. FROST. Lock box 613. Office 420 Sixth St., N. W. Prosecutes claims before the De- partments. General Land Office. — Pre-emption, homestead, mineral, and other claims. Patents pro- cured for suspended cases. Plats and diagrams furnished. Land grants adjusted. Pension Office. — Pensions for soldiers, mothers, brothers, sisters, widows, and children, obtained. Tkeasuuy and « War Departments. — Bounties, war claims, draw- back.s, etc. ELLERY C. FORD. Attorney-at-law. Room, 23 Le Droit building. Special attention given to mat- ters relating to mineral, agricultural, and grant lands. Nine years' experience in the General Land Office. Six years in charge of the division of mineral claims and contests. Correspondence, solicited. Heylmun & Kane. Attorneys -at -law. Land law a specialty. W. C. HILL. Land and Mine Attorney. Late an examiner of contested cases In t the General, Land Office. Room, 18 St. Cloud building (opposite the General Land Office), Contested pre-emption, home- stead, and other land cases a specialty. Soldiers' additionals and land scrip of all kinds for sale. CHARLES & GEORGE A. KING. Attorneys-at- law. No. 916 F St. Practice before the General Land Office, in Court of Claims, and United State."! Supreme Court. Soldiers' additional homestead claims bought and sold. Refer to Hon. S. J. R. Mc- Millan, United States Senator, Minn.; Hon. Horace Austin, Register, Fargo, Dakota. J. VANCE LEWIS. Attorney-at-law. Editor of Lewis's Land Cascs. Soldiers' additionals and all kinds of land scrip for sale. See advertisement on a following page. W. K^MENDENHALL. Land Attorney. Room, 3 May building. Cor. Seventh and E Sts. Attends to all matters relatmg to the public lands before Commis- sioner of the General Land Office and Secretai:y of the Interior. Mining claims a specialty. Dealjr in ■ additional homesteads, scrip, warrants, etc. CAPT. JOHN MULLAN. Pacific Coast Law, Land and Claim Attorney. Washington Office, and office as State Land Agent for California, Oregon, and Nevada, 1310 Conn. Ave., N. W. Land cases of all kinds receive special attention. WM. J. JOHNSTON (late of General Land Office). Land and Mining Attorney, successor to Luce & Johnston, has had over twelve years' experience in land business, and will prosecute all classes of cases under the land and mining laws. Best of references furnished if desired. SAMUEL V. NILES. Attorney and Counsellor, office and residence, 1733 I St., having charge of the " Military Land Bureau," General Land Office, for several years, and an experience of more than twenty years' practice. Gives special attention to mineral, agricultural, grant, and other land cases. Albert & L. H. Pike. Attorneys -at-Liw, Land law a specialty. John Sherman & Co. Attorneys in land cases. Walter H. Smith. Late Assistant Attorney-General for Interior Department. R. O. Holtzman, Real Estate Broker. Washington real estate. A. A. THOMAS. St. Cloud Building. Practices be- fore the Genertil Land Office. Contested land cases of all kinds prosecuted, and all classes of claims before the Exdcutive Departments. Land Warrants, Home- stead Floats and all kinds of land scrip purchased and sold. Correspondence solicited. C. A. VEDDER. Land Attorney and dealer in Soldier's Additional Homestead Paper and Land Scrip. Room 3, May building. Business promptly attended to. Hillyer & Ralston. Attorneys-at-law. 1325 FSt., N.W. Evans, Padgett & Emmons. Attorneys-at-law, Land and Mininer Law. Jno, H. Voorhees. Attorney-at-law, Practices before all the Departments. FLORIDA. MADISON. iFrank W, Pope, Attorney-at-law. Land cases at- tended to. TAMPA. James T. Magbee. Land Attorney. Orange lands for sale. IDAHO. BOISE CITY. J. Brumback. Attorney-at-law. Attention to land law. F. E. Ensign. Attorney-at-law, Practises before the land offices. BONANZA. Wm. Hyndman. Attorney-at-law. ILLINOIS. CHICAGO. JAMES B: GOODMAN & CO. Farming and timber lands in Michigan, from 40 acres upward. Splendid wheat land near railroads, good markets and schools, $2.50 per acre and upwards. Easy terms, low interest. Also prairie lands in Kansas and other States, and cheap Chicago Iols for sale on long time. G. A. Smith & Co. Mining interests. Titles examined, etc. Handy & Co. Complete abstracts of title in Cook county. EFFINGHAM. H. B. Kepley, Real Estate Agent and Dealer. GOOD HOPE. B.W.Violets. Law and Collection Office. Taxes paid. MORRIS. E. SANFORD. Solicitor. Specialty — Money loaning, for Eastern capitalists', and attorney in suits for the collection of money and in land litigation. Lucius Whitney. Land Agent. PITTSFIELD. Richard M. Atkinson. Real Estate Attorney. INDIANA. ELKHART. Orville T. Chamberlain. Attorney-at-law. Van Fleet & Bickel. Attorneys and Real Estate Agents. GOSHEN, Alfred H. Johnson. Attorney for land claimants. INDIANAPOLIS. G. M. Ballard. Dealer in land and land warrants. KENT LAND. David L. Bishopp. Attorney-at-law and Real Estate Broker. WINAMAC. M. A. Dilts. Real Estate Dealer and Auctioneer. IOWA. BELOIT. Thos. Thorson. Real Estate Agent. BURLINGTON. John J. Ohrt. Real Estate, Collecting and Tax-paying Agent. CASEY. W. D. Kelsey. Attorney-at-law. Land law a specialty. CLARINDA. Raymond Loranz. Attorney and Real Estate Agent. CORNING. Frank & Elmendorf. Iowa, Missouri, and Nebraska, real estate. FONDA. F. Millard. Real Estate and Insurance Office. GLENWOOD. Starbuck St Ivorv. Attorneys and Real Estate Dealers. THE AMERICAN SETTLER'S GUIDE. 101 IDA GROVE. D. S. Grain. Real Estate, Insurance^ Abstract, and Loan Office. JESUP. P. J. Van Hoesen. Land matters attended to. LE MARS. Clay and Richardson. Land Agents. CLARK VARNUM. Attorney-at-law and Real Es- tate Agent. Makes real estate law a special practice. Titles examinedj money loaned, taxes paid, and non-residents' interests protected. Full information about Iowa lands cheerfully furnished. Collections made at any place. MUSCATINE. Thomas D. Smith. Insurance, Real Estate, and' Loan Agent. OSCEOLA. J. S. Everett. Attorney-at-law, Real Estate, and Loan Agent. PORTLANDVILLE. C. E. Robinson. Real Estate Agent, PRIMGHAR. WARREN WALKER. Attorney-at-law and Real Estate Agent. Special attention given to collections, . quieting titles and paying taxes. Has complete abstracts of title to all lands, town lots, judgments, and liens in O'Brien county. For Sale. — Improved farms and wild lands, of a quality and on terms that .cannot fail to suit purchasers. Also improved farms for rent. If you wish to buy, now is the time. Lands will never be so cheap again in this rich State and magnificent county, the gem of Iowa. ROCK RAPIDS. THOMPSON BROS. Attorneys-at-law. Have 25,000 acres of the finest land in the world for sale, $^ to ^8 per acre. Lands sold on commission. Lyon County Bank. J. K. P. Thompson Sf^Co. 50,000 acres of land for sale at low rates. SIOUX CITY. r D. H. Talbot. Buys and sells more Land Scrip than any other man in the West. ■ F. C. Thompson. Real Estate Broker. VICTOR. I. H. S. Richards. Real Estate Agent. Abstracts of titles. WALNUT, E. R, Hinckley. Land and Loan Agent. KANSAS. ANTHONY. Grove & Thomas. Real Estate Agents and Land Attorneys. ARKANSAS CITY. A. C. Williams. Real Estate Agent. BELOIT. Ross & Stevens. Attorneys-at-law. Real estate law. BLUE MOUND. W. p. Barnes, Notary Public and Real Estate Agent. BUFFALO PARK. HIBBARD BROS. Land Agents. Special attention given to locating Government lands- and handling claims. Correspondence solicited. CARBONDALE. P. v. Griggs. Land, Insurance, and Collection Agent. CHAPMAN, Warner Cooper. Real Estate Agent, CHETOPA. J. B. Cook & Co. Real Estate Agents. CIMARRON. W. P. Peter. Notary Public and Real Estate Agent, CLAY center. Harkncss & Godard. Real Estate Lawyers. COLUMBUS. Railsback & Wilson. Lawyers and Real Estate Agents, Lawton & Cruson. Real Estate Brokers and Agents. ' COUNCIL GROVE. J. K. Owens. Attorney and Real Estate Agent, EMPORIA. S. B. Riggs. Real Estate Agent. FREDONIA. S. S. Kirkpatrick. Law&nd Real Estate Office. fontan'a. J. A. Arbogast. Real Estate Agent. GARDEN city. J.- W. Weeks. Land Agent and Surveyor. GARFIELD, E. W. Grover. Real Estate Business. GETTYSBURG. HARRY E. MITCHELL. Real Estate, Insurance, and Collection Agent. The oldest and most reliable Notary Public and Conveyancer. All land business done satisfactorily and promptly. GREAT BEND. A. J. Buckland. General Land Agent. D, J. Evans. Land Attorney and Claim Agent. HARPER. Samuel S. Sisson. Land Attorney. HARTFORD. W. F, Hetherington, Attorney-at-law and Land Agent. T.' B. Nees. Claim and Real Estate Agent. HAYS CITY. Eldridge, Beach & Co. Farms for sale. F. W. Gunther. Stock ranch for sale. Hayden & Hayden, Land litigation a specialty. . M. S. Tousey. Real Estate and Tax Paying Agent. HOUSTON. O. G. Nevins. Attends to land office business, HUMBOLDT. LIKES & THWAITES, Allen County Land Agency. OuV knowledge of lands in this and adjacent counties has been practical for the past ten years. Give ns.a call or write for information. Agents for railroad lands. HUTCHINSON. Brown & Bigger. Land Lawyers, Money to Loan. lUKA. J. W. Ellis & Son. General Real Estate Agents. JEWELL CENTER. L. D. Raynolds. Notary Public and Real Estate Agent. JUNCTION CITY. A. C. PIERCE. Agent for railway lands, improved farms and city property, and for Cunard line of ocean ' steamships. Makes loans, pays taxes, and solicits correspondence. H. H. Mead. Real Estate Agent, KENNETH. E. J. Turner, Attorney-at-law and Real Estate Agent. E. H. McCracken. Does a General Land and Law Business. KINSLEY, W, C. Reed. Land Attorney. Bill & Bruer. Loan Brokers and Real Estate Agents, E, C. Towne. Land Agent. McBride Bros. Editors Kirwin Chief. Attorneys and Land Agents. C. E. Monell. Land Attorney and Insurance Agents, W. T. S, May. General Land Agent. LARNED. Scott & Corse, Real Estate and Loan Agents, 102 THE AMERICAN SETTLER'S GUIDE. LAWRENCE. D. S. Alford. Land Attorney for Douglass Co. Levi A. Doa.ne & Co. Real Estate and Loan Agents. -F. M. Perkins. Land Agent. LINCOLN. W. S. Wait. Attorney and Real Estate Broker. J. D. Miller. Attorney and Counsellor-at-law. LOUISVILLE. R. S. Hick. Attends to litigated land cases. Jno. M. Cotton. Attorney-at-law. LYNDON. A. G. Kinsey. Land arid Real Estate Agent. MANHATTAN. Brown & Limbocker. Real Estate Brokers. m'pherson.. M'Dermid, Milliken & Myers. Land and Lo^n Agents. Dingevon & Knapp. Real Estate and Loan Brokers. MINNEAPOLIS. C. C. Olney & Co. Land Attorneys. Editors Solomon Valley Mirror. MODELL. , J. W. Langford. General Land Agent. MOUND CITY. Hamilton & Hyatt. Real Estate Agents. NESS. J. B. Litton. Land Agent. Land Office Business. NEW TABOR. Frank P. Sykona. Attorney-at-law. OBERLIN. ,Syd. L. Bishop. Surveyor and Land Agent, OSBORNE. Solomon Valley Land Agency, care of Truth Teller. Walrond & Mitchell. Attorneys-at-Iaw. Land law. PAOLA, Fargo & Gaylord. Real Estate Agents. PARKERVILLE. H. S. DAY. Resident Agent of Kansas Pacific, Mis- souri, Kansas & Texas, and Atchinson, Topeka & Santa Fe Railroads. Special attention to locating parties on Western lands,' PARSONS. James Grimes. Real Estate Agent. PEABODY. , W. H. Mears. Real Estate Agent and Editor Gazette. PIERCEVILLE. John E. Prescott. Land Agent. Deputy County Clerk. ROSCOE. I. V. Flynn, Land Agent. ROSSVILLE. O. Le Roy Sedgwick. Pottawattomie Land Office. RUSSELL. A. L. Voorhis. Lawyer, Land and Government Claim Agent. SCANDIA ^Will G. King. Attorney-at-law and Land Broker. SEAPO. D. C. Gamble. Real Estate Agent. ST. JOHN. Weeks & Dixon. Real Estate Brokers. TOPEKA. M. L. Norris. Real Estate Agent and Builder. WA KEENEY. Morse & Hand. Law and Land Attorneys. W. C. Eyster, United States Land Attorney. WAMEGO. W. D. Hilton. Real Estate and Loan Agent (see ad- vertisement hereafter). WICHITA- Lemon W, Crouch. Land Attorney. O. D. Kirk. Attorney before United States Land Office, WILSON, J. D, lafferty, Attorney-at-law. WINFIELD. Chas. C. Black. Attorney-at-law. LOUISIANA. BELLEVUE. B. F. Fort. Land Lawyer. COUSHATTA. I. D. Roach. Attorney-at-law and Notary Public. HOUMA. A. Cazabat. Attorney and Counsellor. Will practice in the District and Circuit Courts of the Parishes of Grant, Rapides, Winn and Natchitoches ; also, before the Supreme Court and the United States Court in New Orleans. PONCHATOULA. Geo. H. Biegel. Land Agent. Robert Banefield. Land Agent. Wm. Akers. Land Lawyer and Attorney. PORT VINCENT. Geo, H. Grandjean. United States Surveyor and Real Estate Agent. VERMILIONVILLE. W. B. Baily; Lands for sale in Lafayette Parish. John D. Torrence. Land and Real Estate Agent. MICHIGAN. ADRIAN. A. L. Bliss. Land Agent and Abstracts of Title. BEAR LAKE, L. F. Hale. Real Estate and Loan Office. BERRIEN SPRINGS. Chas. F. Howe & Co. Real Estate Agents. CROSS VILLAGE. J. E. Wagley. Notary Public and Real Estate Agent. J. S. Shurtleff & Sons. Buy and sell lands on com- mission. DECATUR. J. G. Farkhurst. Land Agent. EVART. Sayles & Trumbull. Land Attorneys and Collection Agents. GAYLORD. Chas. L. Fuller. County Clerk and Land Agent. GLADWIN. M. T. Matthews. Real Estate, Abstract, and Com- mission Agent. GRAND RAPIDS. Thos. J. O'Connor. Attorney-at-law. HILLSDALE. Spe;icer D. Bishopp. Attorney and Solicitor in Chan- cery. JACKSON. Verne S. Pease. Lawyer and Land Agent. MANCELONA. Edwards Bros. Lawyers and Real Estate Agents. MANISTEE. Thompson & Burke. Real Estate and Loan Agency. S. W. Fowler. Attorney and Real Estate Broker. Geo. A. Hart. Real Estate and Pine Land Broker. MARQUETTE. J. M. LONGYEAR. Real Estate Agent. For lands of the Lake Superior Ship Canal, Railway & Iron Company, and the Military Wagon Road Lands in Michigan. 700,000 acres for sale and lease. Lands sold, taxes paid, titles examined, defective titles adjusted. Lands examined for timber and mineral. Lands located at State and Government offices. Mineral explorations a specialty. Mineral, pine, and hard-wood lands for sale. Best of references fur- nished. Full information cheerfully given. Corres- pondence solicited. MENOMINEE. Capt. E. D.Haynes. Surveyor. State Land Examining Agent. THE AMERICAN SETTLER'S GUIDE. 103 NILBS. L. H. BEESON. Real estate, mortgage, and other interests protected at tax sale. Taxes paid and rents collected for non-resident owners. Tax liens ad- justed. Wm. H. Sinclair. Notary Public and Insurance Agent. NOMER. Tompkins & Lott. Attorneys-at-law. PORT AUSTIN. Engle, Drury & Engle. Have wheat lands for sale. RICHMOND. Frank S. Abbott. Attorney and Real Estate Agent. STILLWATER. E. W. McClure. Land Agent and Surveyor. TECUMSEH. S. C. Stacy. Real Estate Broker. THREE OAKS. Wm. K. Sawyer. Agent for Kansas Railroad Lands. WHITEHALL. C. p. Nearpass. Notary Public and General Convey- ancer. MINNESOTA. APPLETON. Wm. p. Kerr. Real Estate Agent. BIRD ISLAND. A, McMullin. Real Estate, farm property for sale. CURRIE. NEIL CURRIE. Clerk of the District Court, Real Estate and Loan Agent. 30,000 acres of land for sale on easy terms. Correspondence solicited. DULUTH. John Mailman. Land Examiner. FERGUS FALLS. S. Shoemaker & Co. Real Estate and Loan Agepts. Chas. J. Sawbridge. Attorney and Counsellor-at-law. Robert Miller. Redeems land sold for taxes. CHAS. I. WRIGHT. See advertisement in back part of book. GRANITE FALLS. Hall Bros. Mortgage and Bond Brokers. GROVE LAKE. Daniel Mitchell. Real Estate Agent. HANCOCK. THOS. P. KERR. Real Estate Agent. Hancock, an enterprising town on the "St. Paul, Minneapolis and Manitoba Railway," received in 1879 three hundred thousand bushels of wheat from one-tenth of her magnificent tributary prairie countiy. A splendid opening for farmers, mechanics, merchants, hotels, and steajn flouring mills. Society excellent. .Han- cock is in the centre of a magnificent farming' coun- try, mostly prairie, with plenty of grass and water ; the inhabitants b.eing mostly enterprising and intelli- gent Eastern people. Plenty of good land to be had at from ^5 to gio per acre. Call on or write him. LAKE BENTON. J. L. Cass. Contested Pire-emption, and Homestead cases, LE BOY. Chas. B. Kennedy. Improved g-nd unimproved lands. LE SUEUR. W. Boright. Attorney-at-law and Real Estate Agent. LU VERNE. J. H. Carroll. Makes loans for Eastern capitalists. G. W. Kniss. Notary and Land Agent. MAD ELI A. Wm. C. Jones. Attorney-at-law. -' ' ■ MANKATO. See advertisement on a following page of the great advantages held out by this city and Blue Earth county to settlers of every class. CLARKE &■ PARSONS. Geo. A. Clarke, S. D. Parsons. Dealers in real estate. Have constantly for sale a large line of improved and unimproved farms, situated in the far-famed valley of the Blue Earth. Also city lots from $50 to $3000. Corre- spondence solicited. MINNEAPOLIS. J. B. BOTTINEAU. Real Estate and Loan Agent. Houses, lots and lands for sale and exchange. At- tends to United States Land Office business. Solic- itor of Government claims and patents. Special at- tentipn given to the prosecution of military, naval, and other war claims. Traders' and Indian claims under treaties. Settlement of accounts with the Govern- ment and claims against fire insurance companies for losses and damages. Correspondence solicited. References furnished if desired. Albert B.'Ovitte. Attorney-at-law and Land Agent. MOOKHEAD. Andrew Holes. Good wheat land for sale. A. A. White. Real Estate Dealer. MORRIS. Fielder B. Chew. Attorney-at-law. Cases before the Departments. NORTHFIELD. J. p. Alexander. Attorney-at-law. ORTONVILLE. Bundock & Kline. Claims located in Dakota and Minnesota. STILLWATER. E. W. McCline. Land Agent and Surveyor. Whiting & Lindholm. Real Estate, Insurance, and Collection Agents. ST. PAUL. JAMES B, POWER. Land Commissioner. Now is the time to buy Northern Pacific Railroad Lands. Six millions of great variety and unequaled fertility. Best wheat lands in the world. Information free. Correspondence solicited. Write or call upon him. JOHN B, & W, H, SANBORN. Attorneys-at-law. Give special attention to land cases, and practise in the Courts and Land Offices in Minnesota and Dakota. F. McNamara. 200,000 acres for sale cheap. O. J. Johnson. 6,000,000 acres fine land for sale. TAYLOR'S FALLS. I). A. Canedy. Dealer in copper lands. MISSISSIPPI. BOGUECHILLA. W. H, Hartley. Land Agent. BKOOKHAVEN. J. M. Buckley. Land Lawyer and Attorney. A. Q. McNair. Attorney-at-law, R. H. Henry. Real Estate Agent and Land Lawyer. R, H. Thompson. Attorney and Real Estate Broker. Sessions & Cassedy. Land Agents. J, 3. Denson. Real Estate Agent and Land Lawyer. Chas. Cuming. Land Attorney and Real Estate Broker. H. F. Johnson. Attorney-at-law. A. O. Cox. Land Agent and Attorney. Jesse Warren. Real Estate Broker and Land Agent. lUKA. J. J. Chambers. Has improved lands for sale. MONTGOMERY. Ed. Short. Land Agent. W. M. Corcoran. Real Estate Agent and Broker. MISSOURI. ALBANY. C. G. COMSTOCK & CO. Will buy Northwest Mis- souri lands. Money loaned for non-residents at good rates on unimpeachable security. ALTONA. M. M. Tucker. Answers communications on land promptly. ERECKENRIDGE. Chapman & Chapman. Attorneys and Real Estate Agents. BUTLER. Clark, Bremerman & Pace. Abstractors and Exam- iners of titles. 104, THE AMERICAN SETTLER'S GUIDE. CASSVILLE. Thos. M. Allen. Real Estate Attorney. John M. Bayless. Land Agent and Attorney. EMINENCE. Orchard & Co. Real Estate and Tax-paying Agents. GALLATIN. Lamkin & Dudley. Real Estate AgenLs, HANNIBAL. W. H. Fisher. Notary Public and Real Estat^ Agent. HARRISONVILLE. Arthur Conger. Real Estate, Loan, and Insurance Agent. HOUSTON. G. A. LEAVITT. Will buy and sell land on commis- sion, and pay taxes. Practices before the Ironton and Springfield- Land Offices and General Land Office. Texas county, Missouri, is the place for families with limited means to come, to find cheap homes and a healthy climate. Correspondence sol.r-ited. HUMANSVILLE. W.Roderick. Attomey-at-law. Best of references. KIRKSVILLE. Griggs & Pickler. Land, Real Estate, and Merchan- dise Brokers. LATHROP. Wm. O. McKinlay. Real Estate Broker and Agent. Rufus Patch. Land Attorney and Real Estate Agent. LTNNEUS, , F. W. Powers & Co. Real Estate Agents. Correspon- dence invited. MEXICO. D. E. Shea. Real Estate and Loan Agent. MONTROSE. Jas. H. Vickars. Real Estate, Tax, and Collection Agent. NEOSHO. Henderson & Hill. Notary Public and Conveyancer. NEW HOME. J, Q. A. Cope & Bro. Real Estate Agents. OREGON. T. C. Dungart. Real Estate Agent and Land Dealer. PINEVILLE. M. R. DeGroflF. Notary, Real Estate Agent, and Con- veyancer. RITCHEY, J. H. Miller. Real Estate Agent and Broker. ROCK PORT. John D. Dopf. Real Estate Broker. SEDALIA. Cephas A. Leach. Editor Times, and Real Estate Broker. SPRINGFIELD. James J. O'Day. Law and Collection Office. ST. LOUIS. Tripp & Garbutt. Land Agents. UTICA. J. M. Davis. Attorney, Real Estate, and Collection Agent. WARRENSBURG. S. p. Sparks. Attomey-at-law. W. E. Crissey & Co, Abstracts of Title. Real Estate Agents. WARSAW. R, W. Campbell, Attomey-at-law. MONTANA. BUTTE CITY. F, T. McBridc. Attorney and Real Estate Agent. HELENA. E. M. Hoyt. Real Estate and Mining Agent. NEBRASKA. ATLANTA. A. Earner. Agent for railroad lands in Missouri. ALBION. Hutton & Sparks. Real Estate and Land Agency. BEAVER CITY. J. H. Sherwood. Government Land Attorney. R. W. Montgomery. Attomey-at-law and Land Agent. BLAIR. Alex. Reed. Abstracts of title to real estate. BLOOMINGTON. Moulton & Hart. Attomeys-at-law. Contests a spe- cialty. M. S. Mahin. United States Land Lawyer. COLUMBUS- Samuel C. Smith. Agent and General Real Estate Dealer. COZAD. Samuel W. Schooley. Land Agent for Dawson county. DAVID CITY. Sherburne & Clingman. Abstract of Title and Loan Agents. DECATUR. W. E. Dmry. Attorney-at-law. Drury, Ashley & Co. Bankers, Do a General Real Estate Bu-sincss. Watson Parrish. Attomey-at-law. PAIRBURY. MARVIN WARREN. Attorney-at-law and Land Agent. Makes valuable land investments to best possible advantage for persons at a distance. Sells lands, pays taxes, attends to land litigation, and gives advice respecting land titles and prices of lands FREMONT. Richards & Reynolds. Real Estate, Loan, and Insur- ance Agents. Wm. C. Ghost. Attorney-at-law. FRIENDVILLE. Whitney & Baldwin. Land Attorneys. Collections a specialty. HASTINGS. C. B. Johnson. Land Agent. HEBRON. C. W. Stringfield & Co. Real Estate and Loan Agents. Hendershot & Co. Dealers in Real Estate. JUNIATA. H. A. Guild, Real Estate and Collection Agent. LA PORTE. Hunter & Childs. Real Estate and Land Agents. LOUP CITY. M. A. Hartley. Real Estate and Railroad Land Agent. NAPONEE. Jas. F. Zediker. Real Estate, Collection, and Insur- ance Agent. NEBRASKA CITY. D. T. Hayden. Attorney-at-law and Real Estate Agent. * NELSON. E. A. D. Parker. Surveyor and Real Estate Agent. H. W. Short. Pays taxes for non-residents. Deeds and conveyances made. NIOBRARA. Charles & James A. Cooley. Attorneys-at-law. Perkins & Markley. Land Agents for Northern Ne- braska. NORTH PLATTE. Thos, C. Patterson. Real Estate Agent. OAKLAND. Charde & Beckman. Large and Fine Collection of Lands for sale, OMAHA. Geo. P. Bemis. Has 1,000,000 acres for sale. Djtvis & Snyder. Nebraska Land and Real Estate Agency. THE AMERICAN SETTLER'S GUID?. 105 ORLBANS. Laws & Kent, Land Lawyers and Real Estate Brokers. D. P. Ellis. Land Agent. PAWNEE CITY. John L. Marshall. Land and Loan Agent. Corre- spondence invited. PONCA. R. H. Knapp. Real Estate and Life Insurance Agency. REPUBLICAN CITY. F. MacMillan. Editor Neivs, and Real Estate Broker. KIVERTON. David Conner. Government Land and Collection Agent. SAXON. Geo. W. E. Long. Real Estate Dealer. SUPERIOR. I. E. Vale. Land Lawyer and Real Estate Agent. Todd & Graves. Real Estate and Collection Agents. SYRACUSE. V. C. Utiey, Abstracts of Titles, Deeds, Mortgages, etc. TEKAMAH. C. W. Conkling. Real Estate and Loan Agent. WATERLOO, Waterloo Immigration & Improvement Association. W. H. Clark, Secretary. WISNER. Ole L, Haugen, Land Agent and Attorney. Graham & Ellis. Has 150,000 acres of land for sale. NEVADA. RENO. R.L.FULTON. Real Estate Agent. Grader of lands for the Central Pacific Railroad Company, and pro- prietor of thu daily and weekly Reno Gazette. Land and lots bought and sold on commission anywhere between Sacramento and Ogden. Information re- garding California and Nevada lands furnished on application. James A. Scott. Attends to mining interests of Nevada, NEW MEXICO. LAS VEGAS. Mills, Beecher & Co, Patents for Spanish and Mexican grants. LINCOLN. GEO. B. BARBER. Surveyor. Special attention to surveying and locating Government lands in South- ern New Mexico. TAOS. Anthony Joseph. Dealer in real estate. NORTH CAROLINA. N. PLUMADORE'S North Carolina Farm Agency. Box 95. Good farms in several counties. Improved and unimproved, $2 to $'^° per acre. Wild lands, min- erals, and water powers. Healthy, well-timbered, and watered. Well suited for colonies or single families. Send stamp for pamphlet giving details. OHIO. CINCINNATI. J. R. P. Brown. Land Agent. L.C. BLACK. Land Attorney. Has on hand all kinds of Land Scrip, Correspondence solicited. CLEVELAND. W, K. Smith. Land Attorney, DAYTON. Henry Crowel. Real Estate Agent. Great bargams in Real Estate. OREGON. LINKVILLE. R. A, Emiiiitt. Land Agent. WESTON. D. P, D wight. General Land Agent and Notary Public. TEXAS. GALVESTON. Sam'l Maas. Land Owner and Agent. HARDIN. P. A. Work. Attorney-at-law and Land Agent. Lists lands free of charge, JEFFERSON. HOSACK & ESTES. Real Estate Agents, Auction- eers, and General Collectors. Deeds prepared, ab- stracts furnished, and taxes paid for non-residents. Correspondence solicited. Best of reference. J. P. Carpenter. Attorney-at-law. Ward B, Blanchard. Land Agent, UTAH. Frank W. Young. Real Estate Agent. MANTI CITY. Wm. T. Reid. County Clerk and Attorney-at-law. OGDEN. D. W. Felshaw. Land Attorney, with best of refer- ences. SALT LAKE CITY. Chas. F, Blandin. Land Lawyer, Jno. A. Baily, Land Agent and Attorney. Bird & Lowe. 1-and Agents and Attorneys. WASHINGTON TERRITORY. COLFAX. J. E. Budd, Land Attorney and Real Estate Broker. DAYTON. J, Knox Rutherford. Attorney and Land Agent. SEATTLE. Mackintosh & Reeves, Abstracts of titles. General land business. Wm. Jameson. Lands for sale cheap, SPOKANE FALLS. CAPTAIN J, M. NOSLER. Come and get the rich, deep lands of this splendid Territory. Every induce- ment held out to settlers. Every facility extended to mechanics, millers, wheelwrights, blacksmiths, farm- ers, stock raisers, etc. Information, cheerfully fur- nished. WISCONSIN. ANTIGO. Edward Teipner, Surveyor and Land Agent. APPLETON. REEDER SMITH. Founder of the city of Appleton. Has for sale choice locations for stores, dwellings, or manufacturing. Water power not excelled. Ample transportation facilities East or West by rail or steamboat. Best educational and religious advan- tages. Population about 9,000. BLACK BROOK. Dean & Michaelson, Real Estate and Collection Agents. BUTTERNUT CREEK, Henry Spille. Agent for Government R. R. Lands. .DARLINGTON. G A. Marshall, Law and Real Estate Office. DE FERE. E. F. Parker, Attorney, Real Estate, and Insurance Agent, F. Merrill. Land and Real Estate Agent. GRANTSBURG. ^ W. R. Maxwell. Attorney-at-law. GREEN BAY. Xavier Martin. Real Estate Conveyancer, and Notary Public. JENNY. E, W. Mowry, Pays taxes and locates homesteads. KENOSHA. Bond & Newell. Collection and Insurance Agents, etc. 106 THE AMERICAN SETTLER'S GUIDE. KIEL, Henry Greve. Land Agent. LANCASTER. L. J. Arthur. General Land Agent. Fays taxes, etc. MANITOWOC RAPIDS. John Peterson. Land Agent. NEENAH. F. S. Verbeck. Real Estate Agent. NEILLSVILLE. G. A. Grundy. Lands examined and taxes paid. PEWAUKEE. Louis Passolt. Auctioneer and Real Estate Dealer. PHILLIPS. David O'Brien. Attends to Real Estate. Taxes paid. Walter Brown. Registerof Deeds. Real Estate Dealer, ! RIVER FALLS. J. H. Wilkinson. Land Agent and Attomey-at-law. ROZELLVILLB. B. F. Powell. Land Agent and Surveyor, SHEBOYGAN FALLS. Jno. E. Thomas. Law and Collection Office. STEVENS POINT. G. W. ■ Hungerford. Real Estate Dealer. Editor yournal. STOCKHOLM. Frank W. spear. Attorney-at-Iaw. Real Estate Agent. SUPERIOR. Jas. Bardon. General Real Estate Agent. THOMPSON RITCHIE. Treasurer of Douglass county. Information in relation to any property or real estate furnished promptly to parties desiring same. Enclose a stamp for answer. All kinds of land law attended to. Best of references fymishcd if necessary. Correspondence solicited. WARREN MILLS. OSCAR B. BARBER. Justice of the Peace. Real Estate and Government Claim Agent. Abstracts of title furnished on short notice. Parties having land in Wisconsin will find it to their advantage to address the above. Bounties, pensions, arrears of pensions, back pay, and government claims of all kinds prose- cuted. WAUSAU. Elisha L. Bump. Land Lawyer and Real Estate Agent. Wm. N. Allen. Examiner. Protects lands from tres- pass, WYOMING. LARAMIE CITY. Isaac P. Caldwell. Real Estate Dealer and Collection Agent. Winter Wheat and Fruit Lands. The Illinois Central Railroad Company Offers for sale, at low prices and on easy terms, a large quantity of lands located in Fayette, Effingham, Clay, Marion, Jefferson, Clinton, Perry, Washington, Franklin, Jackson, William- son, Union, Johnson, Pulaski, and Alexander counties, Illinois, Where the largest crops and very finest quality of WINTER WHEAT, RYE, BARLEY, OATS, CORN, BUCKWHEAT, HEMP, FLAX, APPLES, PEARS, PEACHES, PLUMS, POTATOES, CAB- BAGE, MELONS, BEETS, TOMATOES, BEANS, BERRIES OF EVERY VARIETY— TOGETHER WITH EVERY SPECIES OF EARLY VEGETABLES- ARE RAISED IN GREAT ABUNDANCE, AND EVERYTHING FINDS A READY MARKET AND GOOD PRICES IN CHICAGO, ST. LOUIS, CAIRO, CINCINNATI, AND NUMEROUS OTHER POINTS. The climate is mild and healthy, with good water, the surface dry and rolling, all timbered, some heavy and some light. Good public schools and churches. The country is rapidly settling up with a sub- stantial class of citizens, who will soon surround themselves with every convenience, and all the comforts of civilization. Settlers will consult their own interests by examining these lands before they locate else- where — particularly in the far West, where they will have to wait for years for the blessings of home cOmfoi^s — and where, if they raise a surplus, it finds no remunerative market. For further information, send for a pamphlet which contains an outline map of the State of Illinois, or apply in person or by letter to P. DAGGY, Land Commissioner, Room 11, iio. Y8- Michigan Avenue, CHICAGO, ILLIHOIS. J8@-THE TITLE TO THESE LANDS IS PERFECT. ^HOMES FOR THE PEOPLE. 50,000 FERTILE FARMS. Mhn Facile Railroal lanis IN Minnesota and Dakota. THE BEST WHEAT LAHDS IK THE WORLD! Tke Best Prairie Land I The Best Meadow Land ! The Best Timber Land! The Best Grazitig Land! $2.50 per acre and upwards, according to location and quality. LONG TIME-EASY TERMS! WOOD, COAL AND WATER IN ABUNDANCE. No other Railroad in the world can offer such splendid inducements! to the settler as the NORTHERN PACIFIC RAILROAD ! Nowhere iri the world are farmers making so much money as on the line of the NORTHERN PACIFIC RAILROAD ! Send immediately for the "The Golden Northwest," a handsomej illustrated publication, for maps, and for thorough information regarding this GREAT NATIONAL HIGHWAY FROM ORIENT TO OCCIDENT ' Now is the time to secure your homes in the wooded vales, by the quiet lakes, on the sunlit prairies, or among the fertile ranges. The great Railroad is fast SPANNING THE CONTINENT, and when it is completed, land will immediately advance two or three hundred per cent. Do you wish to engage in Diversified Farming? Do you wish to engage in Wheat Culture ? Do you wish to raise Cattle or Sheep ? Come to the Golden Northwest. Sure Markets ! Good Prices ! For all information address, JAMES B. POWER, L.and Coramissioner, ST. PAUL, MINN. Mankato, Minnesota. THIS CITY OFFERS SPECIAL INDUCEMENTS TO CAPITALISTS AND MANUFACTURERS. Its situation at the great bend of the Minnesota River, and its numer- ous railroad connections, make it the metropolis of Southern Minnesota. It communicates with St. Paul, Minneapolis, and Lake Superior, on the north, and with Sioux City and Omaha on the southwest, by the St. Paul and Sioux City R. R., with Winona, Milwaukee, and Chicago, on the east, and Dakota on the west, by the Chicago and Northwestern R. R., and with the coal fields of Iowa on the south, with Dubuque and St. Louis by the Central R. R. of Minnesota, the Minnesota Southern R. R., and the Blue Earth branch of the St. Paul S. C. R. R. MANKATO CONTAINS INEXHAUSTIBLE SUPPLIES OF STONE, LIME, AND BRICK, AND > AN EXCELLENT QUALITY OF CLAY FOR POTTERY. Wood can be obtained in the immediate vicinity, and shipped to the western prairies and sold at a large profit. Timber for manufacturing I wagons, carriages, and agricultural implements, is near at hand. This is an excellent point for establishing paper mills, as "wood is cheap, water plenty, and straw at a nominal price. The sur- rounding country is unsurpassed in the fertility of its soil, and well watered by rivers and lakes. All kinds of grain are raised successfully. In the twenty-five years since this county was first settled, the corn crop has only once been seriously injured by frost. Cattle thrive well in the winter with comparatively little feed or shelter. Owing" to the dryness of the air, the Spring is much earlier than in the same latitude in the Eastern States. The Blue Earth and Le Sueur rivers contain many val- uable water powers, all situated within ten miles of Mankato, some of which are already improved. Mankato contains four flour mills, one of which has a capacity of 350 barrels per day ; a woolen mill, and a linseed oil mill. It is also an im- portant point for shipping butter, eggs, pork, cattle, and other farm pro- duce. Parties wishing information with regard to Mankato or Blue Earth county are requested to correspond with J. A. Willard, President, or C. A. Chapman, Secretary of Board of Trade. J. VA^CE LEWIS, ATTORNEY AT LAW. ROOM i8 ST. CLOUD BUILDING, WASHINGTON D. C. Will. Pay- Cash, for. Bounty Land Warrants,. and all kinds of Land Scrip,. RAILROAD AND OTHER BONDS, AND WESTERN LAND. Old Land Claims Looked Up and Secured, for Heirs and Claimants, PACIFIC COAST LAW, LAND AND CLAIM OFFICES OF Attorney for Land Claimants, and Dealer in Land- ■ Warrants and Land Scrip, Will perfect Titles and procure Patents from the several States and Territories, and from the United States, for all kinds of Lands. WASHINGTON CITY OFFICE AND STATE LAND OFFICES FOR CALIFOR- NIA, OREGON AND NEVADA : Rooms 1310 Conn. Avenue. SAN FRANCISCO OFFICE; 623 Commercial Street, opposite the U.S. Surveyor-, General and U. S. Land Offices. BOUND YOLUMES FO R SALE. Volumes 1, 2, 3, 4, 5, 6, Y, ana 8, OF COPFS LAND-OWNER IN BOOK FORM. ONE VOLUME. Will be sent to any address, postpaid, on receipt of $10.00. N. B. — The above does not include Nos. i, 2, 3, 4, 5, 7, 8, 9, 10 and 11 of Volume I.; Nos. 3, 5, 6, 8, 9 and 12, Volume II.; Nos. 2, 3, 4, 5, 6, 7 and 9, of Volume III.; Nos. 2, 3, and 8, Volume IV.; and No. I, Volume V., wliich numbers have been exhausted. ATTORNEY AT LAW REAL ESTATE, LOAN, AND COLLECTING AGENT. Abstracts of Titles Furnished ; Investments Made ; and Taxes paid for Non-Residents. GHAS. J. WRIGHT, Real Estate Agent, Fergus Falls, Minn. 200,600 Acres of the choicest selected Speculators' Lands in the famous Park Region of Minnesota, for sale on very advantageous terms to actual ■ settlers. Also Local Office for the sale of the Lands in the disputed limits of the Northern Pacific and St. Paul, Minneapolis and Manitoba Railroads. Terms very reasonable. These are the best Railroad Lands now remaining unsold in the Northwest, 8®»A FEW CHOICE IMPROVED FARMS FOR 'SALE. S@-FIRST-CLASS REAL ESTATE MORTGAGES BOUGHT AND SOLD. THOS. H. PARSONS Dealer in Real Estate, County, School District, and Railrbad Bonds. Loans money for East- ern Capitalists on Minnesota, Iowa and Dakota Farm Mortgages at 8 and 10 per cent, interest net to lender. Will guarantee collection of principal and interest on all loans, collect and for- ward interest to lender free of charge. Land for sale in Southwestern Minnesota and Eastern Dakota. U. S. Land Office Attorney and Collecring'Ageiit, Correspondence solicited. WORTHIHGTON, MIKKESOTA. COPP'S U. S. MINERAL LANDS. SECOND- EDITION NOW RESDY. TABLE OF CONTENTS. ' Part I. — Laws. United States Revised Mining Statutes, with extracts from the laws of 1866, 1870, and 1872, following appropriate sections; Laws of r856 and 1870 in full, for reference . A table of parallel reference of laws and Revised Statutes. Acts of Congress in full of February 18, 1873, March i, 1873, June 6, 1874, February 11, 1875, May 5, 1876, January 22, 1880; Sutro Tunnel Law; Timber Cutting Law; and Coal Laws of 1864, 1865, and 1873. 'Part II. — Land Office Regulations, (a) General Circular of Instruction ; .{6) Circu- lar of July 15, 1873, defining valuable deposits and rock in place; {c) Circulars relative to hearings; (d) Circulars relative to surveys; (e) Circulars relative to annual expenditures; (/) Stone and Timber Lands; (^ ) Saline lands. and salt deposits; (A) Coal land regulations. Part III. — Land Office Rulings.' (a) All the important rulings under the general laws, chronologically arranged (some 340 pages). This is the best arrangement, (i) Saline lands and salt deposits (five pages) ; (c) Coal lands (ten pages). ' In preparing these rulings, sur- plus verbiage has been omitted, such as " Very respectfully," etc., etc, Part IV. — Judicial Decisions. (aVThe leading Federal and State decisions in full; {/>) Digest of about two hundred court decisions. Part V. — Miscellaneous, {a) Some thirty-five Forms. Those relating to applications for patent have been revised by C. W. Holcouib, Chief Clerk of thesGeneral Land Office; (/;) Glossary prepared by Dr. R.W. Raymond, late V. S. Mining Commissioner. This is the only complete glossary of modern mining terms ever published; [c) Full instructions how to exam- ine mining titles; (d) The Public Land Commission's Codification relating to mineral lands. TAATO EIDITI03SrS. Full Law Binding', Extra Paper, $6. flalf Law Binding', Medium Paper, $4. Address HENRY N. COPP, WASHINGTON, D. C. JUST WHAT YOU NEED ! COPP'S HMERICM + MINING + CODE Is a Work needed by every Attorney, Miner, Prospector, Speculator, Agent, Recorder, Broker, and Business Man in the Mining States and Territories. PRICE $1.25 m- CLOTH. PRICE 50 CEITTS IK PIPER. It is a complete handy reference book on all questions under the United States Mining Laws. EEAD ITS CONTENTS AND SEND FOR A COPY. ALL YOUR ENTERPRISING NEIGHBORS WILL HAVE CONTENTS. 1. The United States Mining' Laws and Land Office Instrnctions Tlierennder. Each section of the law is immediately followed by the Land Office instructions relating thereto. This is a convenient arrangement, as it avoids turning several pages when the in- structions are consulted in connection with the law. 2< A Dig'est of All Decisions under the Mining Laws now in force. It is brought down to date of publication, and, containing the latest decisions, takes'the place of all prior publica- tions. 3. New and Improved Forms for making the various, proof, from the location of a claim, miner's lien, notice to delinquent co-owners, etc., down to issuance of patent. 4. Dr. Raymond's Glossary. The only complete Glossary of Mining Terms ever pub- lished. 5. A Complete List of Patented Mining Claims, arranged by State, Territory, County, and District. This list is worth to mining men many times the jDrice of the book. 6. Local Laws. Embracing the State and Territorial Mining Laws never heretofore gathered in one book. This book contains 230 pages 8vo., and is designed to be a companion for every wide-awake man in the mining camps and financial centres of the West. Address, No. 113 Maryland Are. N. E., WASHINGTON, D. C. >-l JititLia